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03-07-2006 City Council Special Meeting PacketCity of Grand Island Tuesday, March 07, 2006 Special/Council Session Packet City Council:Mayor: Jay Vavricek City Administrator: Gary Greer City Clerk: RaNae Edwards T u 5:30:00 PM Council Chambers - City Hall 100 East First Street Carole Cornelius Peg Gilbert Joyce Haase Margaret Hornady Robert Meyer Mitchell Nickerson Don Pauly Jackie Pielstick Scott Walker Fred Whitesides City of Grand Island City Council Call to Order Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. Invocation - Evangelist Gary Bennett, Stolley Park Church of Christ, 2822 West Stolley Park Road MAYOR COMMUNICATION This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community. City of Grand Island City Council Item -1 SPECIAL JOINT MEETING WITH HALL COUNTY BOARD OF SUPERVISORS - Public Safety Facility Review Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: Steve Lamken City of Grand Island City Council Council Agenda Memo From: Gary D. Greer, City Administrator Meeting: City/County Special Meeting, March 7th, 2006 Subject: Public Safety Center Item #’s: 1 Presenter(s): Steve Lamken, Police Chief Jerry Watson, Sheriff Doug Walker, City Attorney Steven Riehle, Public Works Director Background The City voters passed a ½ percent sales tax for the purpose of financing capital improvements in 2004. One of the identified capital improvement projects for the sales tax is a Public Safety Center for the Police and Sheriff’s Departments. Since the tax was passed the City and County, through the Law Enforcement Facility Committee, has been involved in the planning and design process for the new facility. The County has generously donated the land for the center. At this time, the design has been completed and bids are being taken for the construction of the state of the art building. Last November, Hall County voters also approved bonds for the construction of a new Jail to be developed on the same site as the Public Safety Center. This allowed an opportunity to jointly develop the two facilities and create economies for both the City and County. It is prudent to move forward with an inter-local agreement to set out the arrangement between the City and County for joint use of the proposed facility. Additionally, it is appropriate to move forward with the needed infrastructure to allow for development activities. The City and County have planned the joint meeting to allow for joint discussion on the inter-local agreement and infrastructure plan. Discussion Attached is the negotiated inter-local agreement as prepared by the City and County Attorney’s offices. This agreement has been shared with the County Building Committee and City Administration as it was being developed. The City Attorney will be on hand to discuss the agreement and answer any questions concerning its construction. Additionally, documents are attached concerning the shared infrastructure cost for the two facilities. The design of the road, storm sewer, water and sewer for the entire site was completed to maximize joint use and drive the costs down for both the City and County. Working together has resulted in less cost for both entities. Steve Riehle, Public Works Director will be on hand to answer any questions about the process of comprehensively designing the infrastructure or any other questions concerning the project. Recommendation It is recommended that the City Council and the County Board review the information presented and ask any questions needed to clarify the inter-local agreement and the infrastructure plan. After discussing the issue it is requested that the City Council and County Board pass a resolution approving these items at a meeting in the near future. The City is planning on putting these items before the City Council on March 28th, 2006. INTERLOCAL AGREEMENT FOR THE CO-LOCATED CITY/COUNTY PUBLIC SAFETY CENTER BY AND BETWEEN THE COUNTY OF HALL AND THE CITY OF GRAND ISLAND WHEREAS, it is in the best interest of Hall County, Nebraska, hereinafter referred to as “Hall County” or “County” to participate in a joint law enforcement center with the City of Grand Island, Nebraska, hereinafter referred to as “City” or “Grand Island”; and WHEREAS, it is in the best interest of Grand Island to participate in a joint law enforcement center with the County; and WHEREAS, the County and the City wish to enter into such an agreement pursuant to the terms of the Interlocal Cooperation Act, Neb. Rev. Stat., §13-801 through §13-827, as authorized under the laws of the State of Nebraska; and WHEREAS, the Hall County Board of Supervisors has reviewed this agreement and has passed a resolution approving the same and authorizing the chairman thereof to execute this agreement; and WHEREAS, the Grand Island City Council has reviewed this agreement and passed a resolution approving the same and authorizing the Mayor of the City to execute this agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, each of the parties hereby intend to be bound by this document and agrees as follows: I. GENERAL TERMS A. Term of Agreement. The term of this agreement shall be perpetual, unless terminated as provided in this document hereafter. B. Purpose of Agreement. The purpose of this agreement is to provide the terms for the shared use of a public safety center building. The City of Grand Island shall construct a joint law enforcement facility which shall be occupied by members of the Hall County Sheriff’s Office and the Grand Island Police Department. The County and City hereby agree that law enforcement information management services and law enforcement property and evidence services shall be provided for both agencies in a combined manner as set forth in Interlocal Agreements between the parties hereto. II. LAW ENFORCEMENT CO-LOCATION COMMITTEE A. Establishment of Committee. Combined services will be regulated by a board to be known as Law Enforcement Co-Location Committee (hereinafter referred to as “Committee”), which shall be responsible for advising the cooperative undertaking of the combined services. The Committee shall consist of six (6) members, one from the Hall County Board of Supervisors, one from the City Council of Grand Island, the Hall 2 County Sheriff (hereinafter referred to as “Sheriff”), the Grand Island Chief of Police (hereinafter referred to as “Chief”) and one citizen at large to be appointed by the Mayor of Grand Island and one citizen at large appointed by the Chairman of the Hall County Board of Supervisors. B. Committee Responsibilities. The Committee shall be advisory in nature and shall have the responsibility to make recommendations to the governing bodies of the City and County regarding policies for the use of the shared facility. C. Legal Entity. There shall be no separate legal entity formed to conduct this cooperative undertaking. III. LAW ENFORCEMENT INFORMATION MANAGEMENT SYSTEM A. Administration. Hall County shall be responsible for the administration of combined law enforcement information management systems for the Hall County Sheriff’s Office and the Grand Island Police Department. B. Interlocal Agreement. The duties and responsibility of Hall County to provide law enforcement information management systems shall be in accordance with the Interlocal Agreement signed on August 6, 2001, or as hereinafter revised or amended from time to time, between Hall County and the City of Grand Island as attached hereto and incorporated herein by reference as Exhibit “1”. IV. LAW ENFORCEMENT EVIDENCE AND PROPERTY SERVICES A. Administration. The City of Grand Island shall be responsible for administration of combined law enforcement evidence and property services. B. Interlocal Agreement. The duties and responsibilities of the City of Grand Island shall include, but not be limited to the provisions of an Interlocal Agreement to be signed at a later date. V. FACILITY USE AGREEMENT A. Conveyance of Real Estate. The City of Grand Island and Hall County agree to locate law enforcement operations in a public safety center building to be located on a tract of land currently owned by the County and which shall be conveyed to the City on East Highway 30 as describe in Exhibit “3” as attached to this agreement and incorporated herein by reference. This real estate shall be conveyed to the City of Grand Island for One Dollar ($1.00) and in consideration of the benefits granted to the County for the use of the facility as set forth in this agreement which provides for the City to make space available for the Hall County Sheriff’s Department. The real estate shall be conveyed by the County prior to the City beginning construction of the public safety center building. The County agrees that its Board of Supervisors shall pass all necessary resolutions and 3 take any other action required by Nebraska Statutes to legally transfer this real estate to the City by warranty deed, conveying a marketable fee simple title free and clear of liens and encumbrances. City shall obtain and pay for title insurance prior to accepting this real estate to verify that it is receiving a marketable title. B. Surveying. Grand Island shall retain and pay for a surveyor to survey the real estate that it is to receive from Hall County for the Public Safety Center. Grand Island’s employees and contractors shall have access to this property for surveying and performing soil tests to determine that the land is suitable to use for constructing a public safety center building. C. Construction of Building. The City of Grand Island hereby agrees to construct a building of approximately 44,700 square feet to be used as a law enforcement public safety center on the land conveyed to the City of Grand Island as set forth in V(A) above. The City of Grand Island will finance and pay for this facility. D. Ownership of Building. The City of Grand Island shall be the owner of the public safety center building and in the event that this agreement is terminated pursuant to the terms of paragraph VIII(A), Hall County shall not have any right, title or interest in the real estate. E. Furnishings. The City of Grand Isla nd shall provide the Hall County Sheriff’s Office furnished office and work space to include, but not necessarily be limited to administration, supervision, civil process, crime prevention, education and investigation services. Furnishings shall be defined as items such as desks, chairs, tables, filing cabinets, bookcases, and systems furnishings. Existing furnishings moved to the new facility shall continue to be owned by that agency. New furnishings purchased by the City for the facility shall be owned by the City. F. Equipment. Equipment shall be defined as electronic, information technology, or other office equipment such as computers, printers, typewriters, cash registers, etc. Equipment shall be owned by the individual agency and be the responsibility of the individual agency except for jointly used equipment such as photocopiers. The City shall be responsible for providing and paying for the operations of joint use equipment including purchase and or lease, supplies, maintenance and paper. The County shall pay thirty percent (30%) of the costs for the operations of joint use equipment. The City shall bill the County on a quarterly basis for the cost of joint use equipment. G. Telephone Equipment. The City shall provide equipment and telephone lines in the facility to provide telephone and voice mail services to both agencies. This equipment shall be maintained and replaced with funds from the annual renovation and replacement reserve fees. The County shall pay thirty percent (30%) of the regular reoccurring telephone billing costs for lines and services. Each agency shall be responsible for their individual long distance service charges. This agreement does not cover cellular, mobile, or other phone services that are not provided through transmission lines into the facility. H. Shared Facility Video and A/V Equipment. The City shall be responsible for providing video and A/V equipment in the common use rooms of the facility. These rooms shall include the conference rooms, briefing room, lounge, physical fitness room, and the multipurpose/training rooms. The equipment for these rooms shall be maintained and replaced with funds from the Annual Renovation and Replacement Fees in V(J) of this 4 agreement and any additional monies needed to maintain and replace this equipment shall be paid by the City. I. Common Areas/Shared Space. The City of Grand Island shall further provide the Hall County Sheriff with the use of other space in the facility on a shared use basis between the Hall County Sheriff’s Office and the Grand Island Police Department. Shared space shall be used in a cooperative manner. Shared space shall include but not necessarily be limited to lockers, lounge and break area, briefing, training, report preparation, interview and interrogations, storage, evidence and property, exercise and physical fitness, conference and meeting rooms, restrooms, lobby and hallways, garage and parking. J. Annual Renovation and Replacement Reserve Fee. The County and the City shall each pay an annual fee of Twenty Five Thousand Dollars ($25,000.00) Which shall be due on October 1, 2006 and on October 1st of each year thereafter into a Renovation and Replacement Reserve Fund. The annual payment shall be reduced by an equal amount for both the County and the City if said payment causes the reserve fund to exceed Five Hundred Thousand Dollars ($500,000). This fund shall be used by the City for equipment, furnishings and renovation to the law enforcement facility building. Any fees in the Renovation and Reserve Fund upon the termination of this agreement shall be retained by the City of Grand Island. K. Adjustment of Annual Fee. The annual fee as set forth in V(J) above may be adjusted by the City of Grand Island on an annual basis if approved by the law enforcement co- lo cation committee. The City shall be allowed to adjust the annual renovation and replacement reserve fee by increments of not to exceed 10%. Grand Island shall notify Hall County in writing by August 1st of each year of any changes in the annual renovation and replacement reserve fee for the next year. The City shall provide information pertaining to the reasons for any adjustment in the fee. .L Maintenance and Operational Expenses. The City of Grand Island shall be responsible for the maintenance of the la w enforcement center building. Grand Island shall provide the Hall County Sheriff building maintenance, including maintenance of the structure and all systems of the building, housekeeping, remodeling and Utilities, excluding long distance telephone services. Maintenance and operation expenses shall be divided with the City paying 70% of these expenses and the County paying 30%. The projected operating budget for the first fiscal for the county’s 30% share is estimated to be $58,000.00. M Quarterly Operating Expense Statement and Requirements for Payment. Grand Island shall provide the County with costs of maintenance and operation of combined services as set forth in V(L) above, on a quarterly basis. Hall County agrees to make payments to Grand Island on a quarterly basis. The first quarter shall begin on the first day of October. Each quarter shall consist of three calendar months in length based upon the first quarters beginning date. The initial payment for combined services shall be based upon that portion of any quarter in which the combined service begins to be provided. Payments will be made for the first three quarters based upon the budgeted amount for the first fiscal year of $58,000, which will be $14,500 for each of the first three quarters; the fourth quarter payment will be adjusted based upon actual expenditures for that fiscal year. Payments shall be made by the County to the City within forty-five (45) days of the completion of any quarter. 5 N Adjustment of Cost Sharing. The City of Grand Island or Hall County may initiate a review and adjustment of the percentages and costs of combined services as set forth in paragraph V(L) above. The initial term of this agreement shall be in effect for the two (2) fiscal years after the beginning of combined service before a review and adjustment may be made. The City or the County may initiate a review and adjustment every two (2) years thereafter. A review and adjustment must be made and completed by June 1 of the year preceding completion of the above two year period. VI. ACCESS AND DRIVEWAY A. Private Driveway Construction and Acknowledgement of Easement. A private driveway and ancillary storm sewer infrastructure will be constructed from the south side of U.S. Highway 30 into the Luzenac Fourth Subdivision of the City of Grand Island. This driveway will be located on an Ingress and Egress Easement shown on the plat for the Luzenac Fourth Subdivision in the City of Grand Island, Nebraska, as filed October 14, 2005. The City and the County each acknowledge that this Ingress and Egress Easement as shown on the plat is partially on Lot One (1), Luzenac Fourth Subdivision which will be conveyed by the County to the City; and that a portion of this Ingress and Egress Easement is on Lot Two (2), Luzenac Fourth Subdivision which is owned by the County. City and County each accept and acknowledge this easement as a valid perpetual Ingress and Egress Easement to provide access to their respective properties. B. Cost Sharing for Driveway Construction. The private driveway to be constructed on the Ingress and Egress Easement referenced in paragraph VI(A) above will provide equal access to the City and County properties in Luzenac Fourth Subdivision in the City of Grand Island, Nebraska. The City and County hereby agree to share equally the expense of installing water and sanitary sewer mains, the concrete road, curb, gutter and storm sewer that serves the driveway, as well as all ancillary expenses of connecting the driveway to U.S. Highway 30, including, but not limited to, the cost of any traffic light or other traffic control measures. Said driveway and infrastructure shall be engineered to specifications established by the City of Grand Island Public Works Department. VII. DUPLICATION OF COMBINED SERVICES PROHIBITED There shall be no duplication of combined services as set forth in this agreement by any party subject to this Interlocal Agreement. VIII. TERMINATION A. Notice of Termination. Hall County or the City of Grand Island may terminate this agreement effective on the 1st day of October in any year after 2011; provided however, written notice of such termination must be delivered to the other party not less than three hundred sixty (360) days before said termination is to become effective. 6 B. Property Ownership. There shall be no jointly held property acquired pursuant to this agreement. Any property in this facility shall be held by the acquiring party and shall belong to said party upon termination of this agreement. PASSED and approved this _______ day of _______________________, 2006. Attest: HALL COUNTY BOARD OF SUPERVISORS, ________________________________ By:___________________________________ Marla Conley, County Clerk James M. Eriksen, Chairman PASSED and approved this _______ day of _______________________, 2006. Attest: CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation, ________________________________ By:___________________________________ RaNae Edwards, City Clerk Jay Vavricek, Mayor Civil Infrastructure Costs to Public Safety Center / Hall County Jail Complex Public Safety Center Jail TOTAL Driveway and Storm Sewer $ 201,301 $147,276 $348,577 Traffic Signal $ 52,236 $ 52,236 $104,472 Watermain $ 70,314 $ 70,314 $140,628 Sanitary Sewer Main $ 83,250 $ 83,249 $166,499 The Public Safety Center/Hall County Jail Complex is located on the south side of U.S. Highway 30 between the elevated Burlington Northern Santa Fe Railroad tracks and the Union Pacific Railroad spur. The land is subdivided as Luzenac Fourth Subdivision. Lot #1, (6.934 acres), is to the east and will be the site of the Public Safety Center housing the Grand Island Police and Hall County Sheriff Departments. Lot #2, (18.357 acres), is generally to the west and south and will house the Hall County Jail. The Engineering Division of the Public Works Department is coordinating the installation of the Civil Infrastructure to serve the complex. Shared Driveway An 8” Portland Cement Concrete curb and gutter driveway will be built along the lot lines between the two facilities. The driveway will be 41’ wide at the intersection with U.S. Highway 30 to allow for one southbound lane and two northbound lanes (one for left turning vehicles and one for right turning vehicles). The driveway will transition to 37’ wide at the first driveways to the parking lots at approximately 160’ south of U.S. Highway 30. The driveway will be approximately 640’ long. Storm Sewer Some of the storm sewer for the Hall County Jail parking lot drains into the storm sewer for the shared driveway. The storm sewer for the jail will be built by the contractor for the jail. Since the storm sewer for the shared driveway drains through the Public Safety Center parking lot, the storm sewer for the Public Safety Center will be constructed with the Civil Infrastructure Projects. The costs for the storm sewer serving the Public Safety Center parking lot will be charged to the Public Safety Center. Sanitary Sewer Main Public sanitary sewer is located at the southeast corner of the subdivision. To avoid constructing long and parallel sewer services, a 10” public main is being extended to serve the buildings. The project will extend private sanitary services to 30’ from the centerline of the driveway. Watermain A public water main will be built along the east side of the shared driveway. The main will be looped to tie into an existing main on Talc Drive to provide adequate fire flow. The project will install a tee and a valve off the main for private services to the buildings. PUBLIC SAFETY CENTER / HALL COUNTY JAIL DRIVEWAY AND STORM SEWER ESTIMATE Total Share Shared Cost Item Description Bid Price Unit Quantity Cost Quantity Cost 1 Remove & Replace PCC Ditch Liner $5,000.00 ls 0 $- 1 $5,000.00 $5,000.00 2 24" Flared End Section $550.00 ea 0 $- 1 $550.00 $550.00 3 24" RCP Cls. III $40.00 lf 0 $- 1045.35 $41,814.00 $41,814.00 4 18" RCP Cls. IV $36.00 lf 0 $- 246.17 $8,862.12 $8,862.12 5 15" RCP Cls. IV $31.00 lf 0 $- 258.75 $8,021.25 $8,021.25 6 12" RCP Cls. IV $25.00 lf 828.28 $20,707.00 38 $950.00 $21,657.00 7 Std. Junction Box $3,000.00 ea 0 $- 2 $6,000.00 $6,000.00 8 Type "D" Modified Inlet $2,000.00 ea 11 $22,000.00 7 $14,000.00 $36,000.00 9 18" CM Culvert Pipe $25.00 lf 0 $- 26.5 $662.50 $662.50 10 Remove Existing Culvert $10.00 sy 0 $- 24 $240.00 $240.00 11 Rem., Salvage, & Reinstall 18" CM FES $150.00 ea 0 $- 2 $300.00 $300.00 12 Sawcut & Remove Concrete Median $10.00 sy 0 $- 316.2 $3,162.00 $3,162.00 13 Sawcut & Remove Concrete Surfacing $10.00 sy 0 $- 380.3 $3,803.00 $3,803.00 14 Sawcut & Remove Concrete Sidewalk $0.60 sf 0 $- 496.2 $297.72 $297.72 15 10" Portland Cement Concrete Surfacing $42.00 sy 0 $- 316.2 $13,280.40 $13,280.40 16 8" Portland Cement Concrete Surfacing $37.00 sy 0 $- 2836.4 $104,946.80 $104,946.80 17 6" Portland Cement Concrete Surfacing $33.00 sy 0 $- 472.8 $15,602.40 $15,602.40 18 6" Portland Cement Concrete Integral Curb $2.00 lf 0 $- 1384 $2,768.00 $2,768.00 19 4" Portland Cement Concrete For Median $27.00 sy 0 $- 11.6 $313.20 $313.20 20 4" Portland Cement Concrete Sidewalk $3.75 sf 0 $- 393.3 $1,474.88 $1,474.88 21 4" x 60' Conduit with caps $200.00 ea 0 $- 4 $800.00 $800.00 Estimated Construction Cost $42,707.00 $232,848.27 $275,555.27 Contingencies-15 %$6,406.05 $34,927.24 $41,333.29 Sub-Total $49,113.05 $267,775.50 $316,888.55 Engineering-10%$4,911.31 $26,777.55 $31,688.86 Total Estimated Project Cost $54,024.35 $294,553.06 $348,577.41 Estimated County Jail Share (50% of the above $294,553.06)$147,276.53 Estimated Public Safety Center Share ($54,024.35 is for Storm Sewer for the PSC Parking Lot only)$201,300.88 Both FacilitiesPolice Facility PUBLIC SAFETY CENTER / HALL COUNTY JAIL TRAFFIC SIGNAL ESTIMATE ESTIMATED ESTIMATED TOTAL ITEM DESCRIPTION UNIT PRICE QUANTITY UNIT ESTIMATED PRICE 1 Controller $13,000.00 1 EA $13,000.00 2 Combo Mast Arm Signal Pole $8,300.00 3 EA $24,900.00 3 Signal Heads $1,300.00 8 EA $10,400.00 4 Ped Heads $700.00 6 EA $4,200.00 5 Push Buttons $160.00 6 EA $960.00 6 Video Detection $5,900.00 3 EA $17,700.00 7 Pull Boxes $550.00 6 EA $3,300.00 8 Conduit in Trench $7.00 190 FT $1,330.00 9 Conduit - Jacked $17.00 310 FT $5,270.00 10 Signal Cable $6,000.00 1 LS $6,000.00 SUBTOTAL $87,060.00 10 % Contingency $8,706.00 10 % Engineering & Administration $8,706.00 GRAND TOTAL $104,472.00 Safety Center - Hall Co Jail 2/16/2006 10" Water Main - Preliminary Estimate E HWY 30 - ADD FIRE HYDRANT QUANTITY EST EST UNIT $ TOTAL EST $ 10"x10"x6" Tapping Sleeve 1.0 EA 2,000.00 2,000.00 6" D I Pipe (sj) 10.0 LF 17.00 170.00 6" RS Tapping Valve 1.0 EA 800.00 800.00 6"x90° Ell 1.0 EA 150.00 150.00 Valve Box 1.0 EA 200.00 200.00 Fire Hydrant 1.0 EA 2,000.00 2,000.00 Thrust Block 3.0 EA 200.00 600.00 $5,920.00 10" LOOPED MAIN QUANTITY EST EST UNIT $ TOTAL EST $ 10" D I Pipe (sj) 1,295.0 LF 32.00 41,440.00 10" x 10" x10" Tapping Sleeve 2.0 EA 3,000.00 6,000.00 10" x 10" x10" Tee mj) 2.0 EA 900.00 1,800.00 10" x 10" x 6" Tee (mj) 6.0 EA 600.00 3,600.00 10" RS Tapping Valve 2.0 EA 1,300.00 2,600.00 10" RS Gate Valve 1.0 EA 2,500.00 2,500.00 10" x 22.5° Ell (mj)1.0 EA 500.00 500.00 10" Plug 1.0 EA 150.00 150.00 6" D I Pipe (sj) 155.0 LF 17.00 2,635.00 Valve Box 3.0 EA 200.00 600.00 Fire Hydrant Assembly - Complete 6.0 EA 3,500.00 21,000.00 8 Mil Polyethylene 1,355.00 LF 1.00 1,355.00 Thrust Block 11.0 EA 200.00 2,200.00 Remove & Replace Roadway 13.7 SY 75.00 1,027.50 Seeding 0.2 AC 2,000.00 400.00 20" Dia x .38" Casing 65.0 LF 200.00 13,000.00 $100,807.50 10" x 6" Service Connection for PSC 1.0 ea 2,000.00 2,000.00 10" x 6" Service Connection for HCJ 1.0 ea 2,000.00 2,000.00 $4,000.00 Easement 100.00 Rail Road Permit / Fees / Insurance 5,000.00 10% Contingency 12,000.00 10% Engineering & Administration 12,800.00 TOTAL PROJECT ESTIMATE $140,627.50 Estimate Does NOT include service lines to Safety Center nor Hall Co Jail PUBLIC SAFETY CENTER / HALL COUNTY JAIL SANITARY SEWER SERVICE ESTIMATED ESTIMATED TOTAL ITEM DESCRIPTION UNIT PRICE QUANTITY UNIT ESTIMATED PRICE 1 Construct 10" PVC Sanitary Sewer $26.75 1700 l.f $45,475.00 2 Construct STD 4' Diameter Manhole $2,335.00 5 EA $11,675.00 3 Construct Manhole Extra Depth $215.00 30 v.f.$6,450.00 4 Construct Service per Std. Plan 132A $815.00 2 EA $1,630.00 5 Dry Bore & Install 18" Tunnel Liner $275.00 100 l.f.$27,500.00 6 Tree Removal $2,740.00 1 LS $2,740.00 7 De-Watering $25.00 1700 ft $42,500.00 SUBTOTAL $137,970.00 10 % Contingency $13,797.00 10 % Engineering & Administration $13,797.00 OTHER COSTS T.V. Inspection $0.55 1700 l.f.$935.00 GRAND TOTAL $166,499.00 Sanitary Sewer to Serve Public Safety Center & Hall County JailJail ServiceExtension of Public Sanitary Sewer MainExisting Public Sanitary Sewer MainBurlington Northern Santa Fe Elevated TracksPSC ServiceFireTrainingCenter Item C1 Proclamation "Patient Safety Awareness Week" March 5-11, 2006 March 5th - 11th has been designated National Patient Safety Awareness Week. Observance of "Patient Safety Awareness Week" encourages patients to "Speak Up" about their healthcare. This year's theme is Patient Safety: "Our Patient-Our Partners, One Team, One Goal. St. Francis Medical Center recognizes that partnering with physicians, patients and the public will help to even further promote safety. The Mayor has proclaimed the week of March 5-11, 2006 as "Patient Safety Awareness Week". See attached PROCLAMATION. Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council THE OFFICE OF THE MAYOR City of Grand Island State of Nebraska PROCLAMATION WHEREAS, medical errors receive national attention in the media from time to time ; and WHEREAS, the public has grown increasingly concerned about recent media reports of medical errors at some of the nation’s major hospitals; and WHEREAS, the Patient Safety Program at St. Francis Medical Center involves all departments working together in promoting patient safety; and WHEREAS, St. Francis Medical Center recognizes that partnering with physicians, patients and the public will help to even further promote safety; and WHEREAS, “Patient Safety Awareness Week” gives hospitals a chance to educate the patients and families they serve about the steps they are taking to reduce medical errors and to prevent errors at their hospitals; and WHEREAS, hospitals are informing patients about what they can do to participate effectively in the delivery of health care. NOW, THEREFORE, I, Jay Vavricek, Mayor of the City of Grand Island, Nebraska, do hereby proclaim the week of March 5-11, 2006 as “PATIENT SAFETY AWARENESS WEEK” in the City of Grand Island, and encourage all citizens to “speak up” about their healthcare. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the City of Grand Island to be affixed this fifth day of March in the year of our Lord Two Thousand and Six. ________________________________________ Jay Vavricek, Mayor Attest: ________________________________________ RaNae Edwards, City Clerk Item C2 Recognition of Class "A" State Wrestling Winners The Mayor and City Council will recognize the following students for their hard work and accomplishments in Class "A" State Wrestling: Senior High: Coach Mike Schadwinkel Brandon Hudiburg - State Champion Isaiah Aguilar - 6th Place Northwest: Coach Brian Sybrandts Brett Mills - 4th Place Hadley Cooksley - 5th Place Central Catholic: Coach Matt Coufal Justin Kelly - 5th Place Congratulations on a job well done!! Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item C3 Recognition of Class "A" Bowling Team 3rd Place Winners at State The Mayor and City Council will recognize the following girls for their 3rd Place win in Class "C" State Bowling Competition: Amy Glover Kristen Ruzicka Candi Glover Kayla Johnson Kayla Brixius Jeanna Bruener Coach: Jason Price Congratulations on a job well done, keep up the good work! Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item C4 Presentation by Shonesy Associates for FY 2005 City Single Audit and General Purpose Financial Statements Terry Galloway of Shonsey & Associates will present the City Single Audit and General Purpose Financial Statements for Fiscal Year 2005. Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council Item C5 Presentation by BKD, LLP Relative to Fiscal Year 2005 Electric and Water Audit Reports Roger Watton, representing BKD, LLP, will present the Independent Auditors' Report of the Financial Statements relative to the City of Grand Island's Electric Department and Water Department for the year ended September 30, 2005. Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council Item E1 Public Hearing on Request of Casey's Retail Company dba Casey's General Store #2707, 806 N. Eddy Street for a Class "D" Liquor License Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: March 7, 2006 Subject: Public Hearing on Request of Casey’s Retail Company dba Casey’s General Stores for Liquor Licenses Item #’s: E-1, E-2, E-3, E-4, E-5 & I-1, I-2, I-3, I-4, I-5 Presenter(s): RaNae Edwards, City Clerk Background Casey’s Retail Company has submitted the following applications for the following five (5) Casey’s General Stores Liquor Licenses: Casey’s General Store #2707, 806 N. Eddy Street Class “D” Casey’s General Store #2727, 1219 West 2nd Street Class “B” Casey’s General Store #2732, 4150 West U.S. Highway 30 Class “B” Casey’s General Store #2737, 1814 N. Eddy Street Class “D” Casey’s General Store #2742, 2223 South Locust Street Class “B” A Class “B” Liquor License allows for the sale of beer off sale only inside the corporate limits of the city. A Class “D” Liquor License allows for the sale of spirits, wine, and beef off sale only inside the corporate limits of the city. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. These applications have been reviewed by the Clerk, Building, Fire, Health, and Police Departments. These licenses if approved will replace those licenses currently held by Gas ‘N Shop. Attached is the Police Department memo and recommendation. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the applications. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Control Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve these requests with the stipulation that the manager complete a state approved alcohol server/seller training program. Sample Motion Move to approve the Resolutions for the five (5) requests of Casey’s Retail Company dba Casey’s General Stores Liquor Licenses with the stipulation that the manager complete a state approved alcohol server/seller training program. Item E2 Public Hearing on Request of Casey's Retail Company dba Casey's General Store #2727, 1219 West 2nd Street for a Class "B" Liquor License This item relates to Public Hearing Item E-1. Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item E3 Public Hearing on Request of Casey's Retail Company dba Casey's General Store #2732, 4150 West U.S. Highway 30 for a Class "B" Liquor License This item relates to Public Hearing Item E-1. Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item E4 Public Hearing on Request of Casey's Retail Company dba Casey's General Store #2737, 1814 N. Eddy Street for a Class "D" Liquor License This item relates to Public Hearing Item E-1. Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item E5 Public Hearing on Request of Casey's Retail Company dba Casey's General Store #2742, 2223 South Locust Street for a Class "B" Liquor License This item relates to Public Hearing Item E-1. Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item E6 Public Hearing on Request of Perez, Inc. dba Tucanaso, 410 East 4th Street for a Class "C" Liquor License Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: March 7, 2006 Subject: Public Hearing on Request of Perez, Inc. dba Tucanaso, 410 East 4th Street for a Class “C” Liquor License Item #’s: E-6 & I-6 Presenter(s): RaNae Edwards, City Clerk Background Silvia Perez, owner of Perez, Inc. dba Tucanaso, 410 East 4th Street has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Attached is the Police Department’s background investigation and recommendation. Concerns have arisen with Anastacio Jacobo, spouse of the applicant as to his character and reputation with past liquor licenses. Mr. Jacobo has filed an affidavit of non- participation. (See attached.) Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Control Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council either: · 1) deny this request based on the character and reputation of Anastacio Jacobo, spouse of the applicant ; or · 2) approve the application with the stipulations that Anastacio Jacobo, spouse of the applicant have no interest in the operation or profit of the business, to include tending bar, making sales, serving patrons, stocking shelves, writing checks, signing invoices, paying distributors, working in the establishment in any capacity, or to patronize the business. Sample Motion Move to either: · 1) deny this request based on the character and reputation of Anastacio Jacobo, spouse of the applicant; or · 2) approve the application with the stipulations that Anastacio Jacobo, spouse of the applicant have no interest in the operation or profit of the business, to include tending bar, making sales, serving patrons, stocking shelves, writing checks, signing invoices, paying distributors, working in the establishment in any capacity, or to patronize the business. for the Class “C” Liquor License of Perez, Inc. dba Tucanaso, 410 East 4th Street. Item E7 Public Hearing on Request of Sarah R. Tjaden dba The Roadhouse Garage, 2710-B Diers Avenue for a Class "C" Liquor License Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: March 7, 2006 Subject: Public Hearing on Request of Sarah R. Tjaden dba The Roadhouse Garage, 2710-B Diers Avenue for a Class “C” Liquor License Item #’s: E-7 & I-7 Presenter(s): RaNae Edwards, City Clerk Background Sarah R. Tjaden dba The Roadhouse Garage, 2710-B Diers Avenue has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Attached is the Police Department’s background investigation and recommendation. Concerns have arisen with Jeff Leo, roommate of the applicant as to his character and reputation with the past liquor license request of Bud’s Roadhouse which was denied by City Council on November 8, 2005. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Control Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council either: · 1) deny this request based on the character and reputation of Jeff Leo, roommate of the applicant; or · 2) approve the application with the stipulations that Jeff Leo, roommate of the applicant have no interest in the operation or profit of the business, to include tending bar, making sales, serving patrons, stocking shelves, writing checks, signing invoices, paying distributors, working in the establishment in any capacity, or to patronize the business. Sample Motion Move to either: · 1) deny this request based on the character and reputation of Jeff Leo, roommate of the applicant; or · 2) approve the application with the stipulations that Jeff Leo, roommate of the applicant have no interest in the operation or profit of the business, to include tending bar, making sales, serving patrons, stocking shelves, writing checks, signing invoices, paying distributors, working in the establishment in any capacity, or to patronize the business. for the Class “C” Liquor License of Sarah R. Tjaden dba The Roadhouse Garage, 2710-B Diers Avenue. Item E8 Public Hearing on Redevelopment Plan for Blight and Substandard Area #5 for Ann's Pet Salon to be Located at 1303 Geddes Street Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Chad Nabity, AICP CRA Director Meeting: March 7, 2006 Subject: TIF Application from Anne Bruns Item #’s: E-8 & G-6 Presenter(s): Chad Nabity, AICP CRA Director Background Anne Bruns, has applied for tax increment financing for the development of and expansion of a pet grooming business and kennel operation on Lots 2 of Bruns Subdivision in the City of Grand Island. To extend tax increment financing through a redevelopment contract, the developer must obtain the approval of the Community Redevelopment Authority and obtain the approval of the Planning Commission prior to coming before the City Council for final approval. Anne Bruns has obtained the approval of the Community Redevelopment Authority and has also obtained approval from the Regional Planning Commission at their February 1, 2006 meeting. This project now comes before the City Council for final consideration for authorizing tax increment financing. Discussion Anne Bruns of Ann’s Pet Salon has submitted a redevelopment contract in a timely manner to the Community Redevelopment Authority for consideration. The Community Redevelopment Authority has prepared the redevelopment contract for use in extending tax increment financing assistance to Ms. Bruns. Ms. Bruns proposes to construct a building on her property for the expansion of her pet grooming business to included additional groomers and pet daycare and kenneling facilities. This project will be built on a previously undeveloped site in northeast Grand Island, located along the south side of the east side of Geddes Street in blight and substandard area number 5, adjacent to the Central Nebraska Humane Society. Subsequent to receiving CRA approval, the Hall County Planning Commission reviewed the amendment to the redevelopment plan for blight and substandard area number 5 and determined that the proposed development was consistent with the existing zoning a future land use planned for the City of Grand Island and recommended approval. This proposed redevelopment contract, which would extend tax increment financing for fifteen years to this project is now before the City Council for consideration. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council ma y: 1. Move to approve the resolution authorizing the use of tax increment financing for the proposed project. 2. Not approve the use of tax increment financing for this project. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the use of tax increment financing for this project. Sample Motion Motion to approve a resolution to use tax increment financing for the redevelopment project of Anne Bruns. COMMUNITY REDEVELOPMENT AUTHORITY OF THE CITY OF GRAND ISLAND, NEBRASKA RESOLUTION #____ A RESOLUTION RECOMENDING AN AMENDMENT TO A REDEVELOPMENT PLAN OF THE AUTHORITY, APPROVING A REDEVELOPMENT CONTRACT AND GIVING NOTICE OF INTENT TO ENTER INTO A REDEVELOPMENT CONTRACT, AND APPROVAL OF RELATED ACTIONS (ANN BRUNS PROJECT). WITNESSETH: WHEREAS, the Community Redevelopment Authority of the City of Grand Island, Nebraska (“Authority”), in furtherance of the purposes and pursuant to the provisions of Section 18-2101 to 18-2154, Reissue of Revised Statutes of Nebraska, 1997, as amended (the “Act”) has recommended and the City of Grand Island (“City”) has adopted a Redevelopment Plan for a blighted and substandard area designated by the City designated Redevelopment Area no. 5 (the “Redevelopment Area”); and WHEREAS, pursuant to any furtherance of the Act, the Authority published notice of a Request for Proposals for redevelopment of the blighted and substandard area targeted for redevelopment pursuant to the Redevelopment Plan, and received a proposal from Ann E. Bruns (“Redeveloper”) to enter into a Redevelopment Contract in substantially the form attached hereto as Exhibit A, the terms and conditions of which are herein incorporated by reference (“Redevelopment Contract”), hereby Authority would agree to rebate taxes for purposes specified in the Redevelopment Contract pursuant to the Act (the “Project”); WHEREAS, the Authority has made certain findings and pursuant thereto has determined that it is in the best interests of the Authority and the City as expressed in the Redevelopment Plan to enter into the Redevelopment Contract and to carry out the transactions contemplated thereby. NOW, THEREFORE, be it resolved by the Community Redevelopment Authority of the City of Grand Island, Nebraska as follows: 1. The Authority has determined that the proposed land uses and building requirements in the Redevelopment Project area are designed with the general purposes of accomplishing, and in conformance with the general plan of the City, a coordinated, adjusted, and harmonious development of the City and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity and the general welfare, as well as efficiency in economy in the process of development; including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provisions for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreational and communitive facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of unsanitary or unsafe dwelling accommodations, or conditions of blight. 2. The Authority has conducted a cost benefit analysis for the Project in accordance with the Act, and has found and hereby finds that the Project would not be economically feasible without the use of tax increment financing; the Project would not occur in the Area without the use of tax increment financing and the costs and benefits of the Project, including costs and benefits to other affected political subdivisions, the economy of the community, and the demand for public and private services have been analyzed and have been found to be in the long term best interests of the community impacted by the Project. 3. The Authority hereby gives the City notice of its intent to enter into the Redevelopment Contract, and hereby recommends to the City approval of the Redevelopment Contract as an Amendment to the Redevelopment Plan, following publication of notice of and a public hearing with respect to the proposed Redevelopment Contract pursuant to the Act. 4. Subject to approval of the Redevelopment Contract by the City, the Authority hereby authorizes and approves the Redevelopment Contract between the Authority and the Redeveloper for the redevelopment of the Project area, and hereby authorizes and approves the execution, delivery, and performance of the documents and transactions contemplated by the Redevelopment Project. 5. The Chair and Secretary of the Authority are hereby authorized and directed to execute and deliver the Redevelopment Contract, in substantially the form presented at this meeting, but with such changes, additions or deletions as they deem reasonable or necessary, together with all documents, certificates or instruments contemplated thereby or necessary in connection therewith, and carry out all transactions and take all actions contemplated by the foregoing. IN WITNESS WHEREOF, the undersigned members of the Community Redevelopment Authority of the City of Grand Island, Nebraska, hereby pass and adopt this Resolution and is in force this 1st day of March, 2006. COMMUNITY REDEVELOPMENT AUTHORITY OF THE CITY OF GRAND ISLAND, NEBRASKA Chair _____________________________________ ATTEST: Secretary_________________________ EXHIBIT A REDEVELOPMENT CONTRACT REDEVELOPMENT CONTRACT This Redevelopment Contract is made and entered into as of the ___ day of ________, 2006, by and between the Community Redevelopment Authority of the City of Grand Island, Nebraska (“Authority”) and Dennis W. Bruns and Ann E. Bruns, husband and wife, (“Redeveloper”), whether one or more. WITNESSETH: WHEREAS, Authority is a duly organized and existing community redevelopment authority, a body politic and corporate under the law of the State of Nebraska, with lawful power and authority to enter into this Redevelopment Contract, acting by and through its Chair or Vice Chair and Members; WHEREAS, the City of Grand Island, Nebraska (the “City”), in furtherance of the purposes and pursuant to the provisions of Section 2 of Article VIII of the Nebraska Constitution and Sections 18-2101 to 18-2154, Reissue Revised Statutes of Nebraska, 1999, as amended (collectively the “Act”), has adopted a Redevelopment Plan for a blighted and substandard area designated by the City; and WHEREAS, Authority and Redeveloper desire to enter into this Redevelopment Contract for acquisition and redevelopment of the redevelopment area; NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements herein set forth, Authority and Redeveloper do hereby covenant, agree and bind themselves as follows: ARTICLE I DEFINITIONS AND INTREPRETATION Section 1.01 Terms Defined in this Redevelopment Contract. Unless the context otherwise requires, the following terms shall have the following meanings for all purposes of this Redevelopment Contract, such definitions to be equally applicable to both the singular and plural forms and masculine, feminine and neuter gender of any of the terms defined: “Act” means Section 12 of Article VIII of the Nebraska Constitution, Sections 18-2101 through 18-2154, Reissue Revised Statutes of Nebraska, 1943, as amended, and acts amendatory thereof and supplemental thereto. “City” means the City of Grand Island, Nebraska. “Completion” means substantial completion of the Project as described on the attached Exhibit B. “Governing Body” means the Mayor and City Council of the City, of Grand Island, Nebraska. “Premises” or “Redevelopment Area” means all that certain real property situated in the City of Grand Island, Hall County, Nebraska, more particularly described as Exhibit A attached hereto and incorporated herein by this reference. “Project” means the improvements to the Premises, as further described in Exhibit B attached hereto and incorporated herein by reference. “Project Costs” means only costs or expenses incurred by Redeveloper to acquire, construct and equip the Project pursuant to the Act as identified on Exhibit C. “Redevelopment Contract” means this redevelopment contract between Authority and Redeveloper dated _____________ ____, 2006, with respect to the Project. “Redevelopment Plan” means the Redevelopment Plan for Area No. 5, prepared by the Authority and approved by the City pursuant to the Act, as amended from time to time. “Resolution” means the Resolution of the Authority dated March 1, 2006, as supplemented from time to time, approving this Redevelopment Contract. “TIF” Revenues” means incremental ad valorem taxes generated by the Project which are allocated to and paid to the Authority pursuant to the Act. ARTICLE II REPRESENTATIONS Section 2.01 Representations by Authority. Authority makes the following representations and findings; (a) Authority is a duly organized and validly existing community redevelopment authority under the Act. (b) The Redevelopment Plan has been duly approved and adopted by the City pursuant to Section 18-2116 and 18-2117 of the Act. (c) The Authority deems it to be in the public interest and in furtherance of the purposes of the Act to accept the proposal sub mitted by Redeveloper as specified herein. (d) The Redevelopment Project will achieve the public purposes of the Act by, among other things, increasing employment, improving public infrastructure, increasing the tax base, and lessening conditions of blight and substandard in the Redevelopment Area. Section 2.02 Representations of Redeveloper. The Redeveloper makes the following representations: (a) The Redeveloper is a Nebraska resident having the power to enter into this Redevelopment Contract and perform all obligations contained herein and by proper action has been duly authorized to execute and deliver this Redevelopment Contract. (b) The execution and delivery of the Redevelopment Contract and the consummation of the transactions therein contemplated will not conflict with or constitute a breach of or default under any bond, debenture, note or other evidence of indebtedness or any contract, loan agreement or lease to which Redeveloper is a party or by which it is bound, or result in the creation or imposition of any lien, charge or encumbrance of any nature upon any of the property or assets of the Redeveloper contrary to the terms of any instrument or agreement. (c) There is no litigation pending or to the best of its knowledge threatened against Redeveloper affecting its ability to carry out the acquisition, construction, equipping and furnishing of the Project or the carrying into effect of this Redevelopment Contract or, except as disclosed in writing to the Authority, as to any other matter materially affecting the ability of Redeveloper to perform its obligations hereunder. (d) Any financial statements of the Redeveloper delivered to the Authority prior to the date hereof are true and correct in all respects and fairly present the financial condition of the Redeveloper and the Project as of the dates thereof; no materially adverse change has occurred in the financial condition reflected therein since the respective dates thereof; and no additional borrowings have been made by the Redeveloper since the date thereof except in the ordinary course of business, other than the borrowing contemplated hereby or borrowings disclosed to or approved by the Authority. ARTICLE III OBLIGATIONS OF THE AUTHORITY Section 3.01 Division of Taxes In accordance with Section 18-2147 of the Act, the Authority hereby amends the Redevelopment Plan of the Authority by providing that any ad valorem tax on real property in the Project for the benefit of any public body be divided for a period of fifteen years after the effective date of this provision as provided in Section 18-2147 of the Act. The effective date of this provision shall be April 1, 2006. Section 3.02 TIF Pledge of Revenues. Authority shall not incur TIF indebtedness in the form of a principal amount bearing interest but, rather, hereby pledges to the Redeveloper and its Lender that the Authority will pay, semi-annually, the TIF Revenues to Redeveloper’s Lender as additional security for the payment of the indebtedness incurred by Redeveloper for funding the Redevelopment Project. Section 3.03 Payment. Authority will pay to Redeveloper’s Lender the proceeds of the TIF Revenues derived from Redeveloper’s semi-annual payment of ad valorem taxes on the real property included in the Redevelopment Project. If such real estate taxes are not paid by Redeveloper, no TIF Revenues will be generated to enable the Authority to pay TIF Revenues to the Redeveloper. Section 3.04 Creation of Fund. Authority will create a special fund to collect and hold the TIF Revenues. Such special fund shall be used for no purpose other than to pay TIF Revenues pursuant to Sections 3.02 and 3.03 above. ARTICLE IV OBLIGATIONS OF REDEVELOPER Section 4.01 Construction of Project; Insurance (a) Redeveloper will complete the Project and install all equipment necessary to operate the Project. Redeveloper shall be solely responsible for obtaining all permits and approvals necessary to acquire, construct and equip the Project. Until construction of the Project has been completed, Redeveloper shall make reports in such detail and at such times as may be reasonably requested by the Authority as to the actual progress of Redeveloper with respect to construction of the Project. Promptly after completion by the Redeveloper of the Project, the Redeveloper shall furnish to the Authority a Certificate of Completion. The certification by the Redeveloper shall be a conclusive determination of satisfaction of the agreements and covenants in this Redevelopment Contract with respect to the obligations of Redeveloper and its successors and assigns to construct the Project. (b) Any contractor chosen by the Redeveloper or the Redeveloper itself shall be required to obtain and keep in force at all times until completion of construction, policies of insurance including coverage for contractors’ general liability and completed operations and a penal bond as required by the Act. The Authority and the Redeveloper shall be named as additional insureds. Any contractor chosen by the Redeveloper or the Redeveloper itself, as an owner, shall be required to purchase and maintain property insurance upon the Project to the full insurable value thereof. This insurance shall insure against the perils of fire and extended coverage shall include “All Risk” insurance for physical loss or damage. The contractor or the Redeveloper, as the case may be, shall furnish the Authority with a Certificate of Insurance evidencing policies as required above. Such certificates shall state that the insurance companies shall give the Authority prior written notice in the event of cancellation of or material change in any of the policies. Sections 4.02 Reserved. Section 4.03 Redeveloper to Operate Project. Except as provided in Section 4.08 hereof, Redeveloper will operate the Project for not less than 15 years from the effective date of the provision specified in Section 3.01 of this Redevelopment Contract. Section 4.04 Authority Costs. Redeveloper shall pay to Authority on the date of execution of this Redevelopment Contract, the sum of $1,000.00 to reimburse the Authority for its fees incurred in connection with this Redevelopment Contract. Section 4.05 No Discrimination. Redeveloper agrees and covenants for itself, its successors and assigns that as long as this Redevelopment Contract is in effect, it will not discriminate against any person or group of persons on account of race, sex, color, religion, national origin, ancestry, disability, marital status or receipt of public assistance in connection with the Project. Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Project, Redeveloper will not discriminate against any employee or applicant for employment because of race, religion, sex, color, national origin, ancestry, disability, marital status or receipt of public assistance. Redeveloper will comply with all applicable federal, state and local laws related to the Project. Section 4.06 Pay Real Estate Taxes. Redeveloper intends to create a taxable real property valuation of the Project of $436,001.00 no later than as of January 1, 2007. During the term of this contract, Redeveloper will (1) not protest a real estate property valuation on the Premises of $497,960.00 or less after substantial completion or occupancy; (2) not convey the Premises or structures thereon to any entity which would be exempt from the payment of real estate taxes or cause the nonpayment of such real estate taxes; and (3) cause all real estate taxes and assessments levied on the Premises to be paid prior to the time such become delinquent. Section 4.07 Reserved. Section 4.08 No Assignment or Conveyance. Redeveloper shall not convey, assign or transfer the Premises, the Project or any interest therein prior to the termination of the 15 year period commencing on the effective date specified in Section 3.01 hereof, without the prior written consent of the Authority, which shall not be unreasonably withheld and which the Authority may make subject to any terms or conditions it deems appropriate, except for the following conveyances, which shall be permitted without consent of Authority: (a) any conveyance as security for indebtedness (i) previously incurred by Redeveloper or incurred by Redeveloper after the effective date for Project Costs or any subsequent physical improvements to the premises with the outstanding principal amount of all such indebtedness (whether incurred prior to or after the effective date of this Agreement) secured by the Premises (ii) any additional or subsequent conveyance as security for indebtedness incurred by Redeveloper for Project Costs or any subsequent physical improvements to the premises provided that any such conveyance shall be subject to the obligations of the Redeveloper pursuant to this Redevelopment Contract; (b) if Redeveloper is an individual, any conveyance to Redeveloper’s spouse, or to Redeveloper’s spouse or issue pursuant to bequest or the laws of intestacy upon the death of Redeveloper; (c) any conveyance to a limited partnership or limited liability company so long as Redeveloper is general partner or manager of the entity. ARTICLE V FINANCING REDEVELOPMENT PROJECT; ENCUMBRANCES Section 5.01 Financing. Redeveloper shall pay all Project Costs, and prior to commencing Redeveloper shall provide Authority with evidence satisfactory to the Authority that private funds have been committed to the Redevelopment Project in amounts sufficient to complete the Redevelopment Project. Section 5.02 Encumbrances. Redeveloper shall not create any lien, encumbrance or mortgage on the Project or the Premises except encumbrances which secure indebtedness incurred to acquire, construct and equip the Project or for any other physical improvements to the Premises. ARTICLE VI DEFAULT, REMEDIES; INDEMNIFICATION Section 6.01 General Remedies of Authority and Redeveloper. Subject to the further provisions of this Article VI, in the event of any failure to perform or breach of this Redevelopment Contract or any of its terms or conditions, by either party hereto or any successor such party, such party, or successor, shall, upon written notice from the other, proceed immediately to commence such actions as may be reasonably designed to cure or remedy such failure to perform or breach which cure or remedy shall be accomplished within a reasonable time by the diligent pursuit of corrective action. In case such action is not taken, or diligently pursued, or the failure to perform or breach shall not be cured or remedied within a reasonable time, this Redevelopment Contract shall be in default and the aggrieved party may institute such proceedings as may be necessary or desirable to enforce its rights under this Redevelopment Contract, including, but not limited to, proceedings to compel specific performance by the party failing to perform or in breach of its obligations. Section 6.02 Additional Remedies of Authority. In the event that: (a) The Redeveloper, or successor in interest, shall fail to complete the construction of the Project on or before January 1, 2007, or shall abandon construction work for any period of 90 days; (b) The Redeveloper, or successor in interest, shall fail to pay real estate taxes or assessments on the Premises or any part thereof when due, and such taxes or assessments shall not have been paid, or provisions satisfactory to the Authority made for such payment within 30 days following written notice form Authority; or (c) There is, in violation of Section 4.08 of this Redevelopment Contract, transfer of the Premises or any part thereof, and such fa ilure or action by the Redeveloper has not been cured within 30 days following written notice from Authority, then the Redeveloper shall be in default of this Redevelopment Contract. In the event of such failure to perform, breach or default occurs and is not cured in the period herein provided, the parties agree that the damages caused to the Authority would be difficult to determine with certainty and that a reasonable estimation of the amount of damages that could be incurred is the amount of the unpaid TIF payment remaining pursuant to Section 3.03 of this Redevelopment Contract plus interest as provided herein (the “Liquidated Damages Amount”). The Liquidated Damages Amount shall be paid by Redeveloper to Authority within 30 days of demand from Authority. Interest shall accrue on the Liquidated Damages Amount at the rate of one percent (1%) over the prime rate as published and modified in the Wall Street Journal from time to time and interest shall commence from the date that the Authority gives notice to the Redeveloper demanding payment. Payment of the Liquidated Damages Amount shall not relieve Redeveloper of its obligation to pay real estate taxes or assessments with respect to the Project. Section 6.03 Remedies in the Event of Other Redeveloper Defaults. In the event the Redeveloper fails to perform any other provisions of this Redevelopment Contract (other than those specific provisions contained in Section 6.02), the Redeveloper shall be in default. In such an instance, the Authority may seek to enforce the terms of this Redevelopment Contract or exercise any other remedies that may be provided in this Redevelopment Contract or by applicable law; provided, however, that the default covered by this Section shall not give rise to a right of rescission or termination of this Redevelopment Contract, and shall not be covered by the Liquidated Damages Amount. Section 6.04 Enforced Delay Beyond Party’s Control. For the purposes of any of the provisions of this Redevelopment Contract, neither the Authority nor the Redeveloper, as the case may be, nor any successor in interest, shall be considered in breach of or default in its obligations with respect to the conveyance or preparation of the Premises for redevelopment, or the beginning and completion of the construction of the Project, or progress in respect thereto, in the event of enforced delay in the performance of such obligations due to unforeseeable causes beyond its control and without its fault or negligence, including, but not restricted to, acts of God, or of the public enemy, acts of the Government, acts of the other party, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays in subcontractors due to such causes; it being the purpose and intent of this provision that in the event of this occurrence of any such enforced delay, the time or times for performance of the obligations of the Authority or of the Redeveloper with respect to construction of the Project, as the case may be, shall be extended for the period of the enforced delay: Provided, that the party seeking the benefit of the provisions of this section shall, within thirty (30) days after the beginning of any such enforced delay, have first notified the other party thereof in writing, and of the cause or causes thereof and requested an extension for the period of the enforced delay. Section 6.05 Limitation of Liability; Indemnification. Notwithstanding anything in this Article VI or this Redevelopment Contract to the contrary, neither Authority, City, nor their officers, directors, employees, agents or their governing bodies shall have any pecuniary obligation or monetary liability under this Redevelopment Contract. The obligation of the Authority shall be limited solely to the TIF Revenues pledged as security for the Redeveloper’s financing. Specifically, but without limitation, neither City nor Authority shall be liable for any costs, liabilities, actions, demands, or damages for failure of any representations, warranties or obligations hereunder. The Redeveloper releases the Authority and the City from, agrees that the Authority and the City shall not be liable for, and agrees to indemnify and hold the Authority and the City harmless from any liability for any loss or damage to property or any injury to or death of any persons that may be occasioned by any cause whatsoever pertaining to the Project. The Redeveloper will indemnify and hold each of the Authority and the City and their directors, officers, agents, employees and members of their governing bodies free and harmless from any loss, claim, damage, demand, tax, penalty, liability disbursement, expense, including litigation expenses, attorneys’ fees and expenses, or court costs arising out of any damage or injury, actual or claimed, of whatsoever kind or character, to property (including loss of use thereof) or persons, occurring or allegedly occurring in, on or about the Project during the term of this Redevelopment Contract or arising out of any action or inaction of Redeveloper, injury, actual or claimed, of whatsoever kind or character, to property (including loss of use thereof) or persons, occurring or allegedly occurring in, on or about the Project during the term of this Redevelopment Contract or arising out of any action or inaction of Redeveloper, whether or not related to the Project, or resulting from or in any way related to the enforcement of this Redevelopment Contract or any other cause pertaining to the Project. ARTICLE VII MISCELLANEOUS Section 7.01 Notice Recording. A notice memorandum of this Redevelopment Contract shall be recorded with the County Register of Deeds in which the Premises is located. Section 7.02 Governing Law. This Redevelopment Contract shall be governed by the laws of the State of Nebraska, including but not limited to the Act. Section 7.03 Binding Effect; Amendment. This Redevelopment Contact shall be binding on the parties hereto and their respective heirs, personal representatives, devisees, successors and assigns. This Redevelopment Contract shall run with the Premises. The Redevelopment Contract shall not be amended except by a writing signed by the party to be bound. IN WITNESS WHEREOF, Authority and Redeveloper have signed this Redevelopment Contract as of the date and year first above written. COMMUINITY REDEVELOPMENT AUTHORITY OF THE CITY OF ATTEST: GRAND ISLAND, NEBRASKA ___________________________ By:_______________________________ Its Chair STATE OF NEBRASKA ) )ss. COUNTY OF HALL ) The foregoing instrument was acknowledged before me this ______ day of ______________________, 2006, by Barry G. Sandstrom and Chad Nabity, Chair and Secretary, respectively, of the Community Redevelopment Authority of the City of Grand Island, Nebraska, on behalf of the Authority. (SEAL) ______________________________ Notary Public STATE OF NEBRASKA ) )ss. COUNTY OF HALL ) The foregoing instrument was acknowledged before me this ______ day of ______________________, 2006 by Dennis W. Bruns and Ann E. Bruns, husband and wife. (SEAL) ______________________________ Notary Public EXHIBIT A DESCRIPTION OF PREMISES Lot Two (2) Bruns Subdivision, in the City of Grand Island, Hall County, Nebraska. EXHIBIT B DESCRIPTION OF PROJECT Construction of an approximately 4,704 square feet one story wood and brick building located on a .5 acre site to be utilized primarily for pet boarding and daycare plus grooming and training. EXHIBIT C (Estimated) 1. Construction Costs: A. Renovation or Building Costs: $325,000.00 B. On-Site Improvements: $ 25,000.00 2. Soft Costs: A. Architectural & Engineering Fees: $ NA B. Financing Fees: $ 2,500.00 C. Legal/Developer/Audit Fees: $ 2,500.00 D. Contingency Reserves: $ NA E. Other (Please Specify) $ TOTAL $354,500.00 Item E9 Public Hearing on Change of Zoning for Land Proposed for Platting as Copper Creek Subdivision Located South of Old Potash Hwy and East of Englemand Road from TA Transitional Ag to R2 Low Density Residential Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: March 7, 2006 Subject: Change of Zoning – Copper Creek Subdivision Item #’s: E-9 & F-2 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This application proposes to change the zoning on a tract of land proposed for platting as Copper Creek Subdivision from TA Transitional Agricultural to R2 Low Density Residential. Discussion The developers of the Copper Creek Estates Subdivision are requesting that their property be rezoned from Transitional Agriculture to R2-Low Density Residential to accommodate their development. The preliminary plat Copper Creek Estates was approved by Council on January 10, 2006 and the lots were designed to meet the requirements of the R2 zoning district. The Future Land Use Map from the Grand Island Comprehensive Plan shows that the Planning Commission and Council anticipated that this property would develop as low to medium density residential. The R2 zoning district is supported by the Future Land Use Map. The approved preliminary plat for this development limits the accesses from this property to the surrounding arterial streets. This should limit traffic issues along Old Potash Highway and Engelman Road. Drainage issues were a significant concern of neighboring property owners and people who spoke at the planning commission hearing. Staff has reviewed the photographs and video from after the storm and they show that on Friday May 13, there was very little water on this property but a substantial amount of water on the properties to the east that are not being considered for development at this time. This can be available for review by Council or concerned citizens. The following discussions occurred at the planning commission meeting: Commission members asked about the drainage, and city staff said they have worked on it and the preliminary plat was approved contingent upon drainage being in place for each phase before it will be given final approval. Jim Jonak spoke, his parents live in the farmhouse on this property and he knows there is major drainage issues on this land. He said adding houses to this land will only add to the problems. He also expressed concern with the grain elevator on this property and that building a wall would only amplify the noise. Roxy Clark spoke expressed concern with there being too much housing in Grand Island now and that the available housing was not being rented, which he said shows the City does not need any more housing. Robert Baker said they are working directly with Public Works to fix the drainage problem to the City’s specifications. Tom Baxter said Grand Island is well overdue for a subdivision like this, his only concern is that it is in the wrong location because of drainage issues that can not be fixed. He said the water has always been there and will always be there because the land is too flat to drain. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the rezoning as presented 2. Modify the rezoning to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Hayes 2nd by Miller to approve the rezoning as presented. A roll call vote was taken on the motion to recommend approval with 5 members (O’Neill, Brown, Miller, Ruge, Hayes) voting in favor and 4 members (Amick, Reynolds, Niemann, Eriksen) voting against the motion. Sample Motion Approve the rezoning for Copper Creek Subdivision as presented. Item E10 Public Hearing on Re-Adopting the City of Grand Island Official Zoning Map Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: March 7, 2006 Subject: Re-adopt the City of Grand Island Zoning Map Item #’s: E-10 & G-7 Presenter(s): Chad Nabity AICP, Regional Planning Director Background Re-adopt the City of Grand Island Zoning Map, incorporating all changes since August 1, 2004, as produced using the Hall County Geographic Information System. Discussion At the regular meeting of the Regional Planning Commission, held February 1, 2006, the above item was considered following a public hearing. This map will be used as the official map to show zoning, the Grand Island City Limit Lines and 2 mile extraterritorial jurisdiction incorporating all annexation and zoning actions since this map became official on August 1, 2004. Included you will find the Planning Directors report to the Planning Commission on this item with a summary of the changes since August 1, 2004. No members of the public spoke in favor or opposed to the zoning map. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the Grand Island Zoning Map as presented 2. Modify the Grand Island Zoning Map to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Miller 2nd by Reynolds to approve the Grand Island Zoning Map as presented. A roll call vote was taken and the motion passed with 9 members present (Amick, Reynolds, O’Neill, Brown, Niemann, Miller, Eriksen, Ruge, Hayes) voting in favor. Sample Motion Approve the adoption of the Grand Island Zoning Map. ChadN S:\Docs\6449.doc Last printed 3/2/2006 10:24 AM Page 1 Agenda Item # 14 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING January 24, 2006 SUBJECT: Concerning the re-adoption of the City of Grand Island Zoning Map as produced using the Hall County Geographic Information System as the official zoning map for the City of Grand Island. (C-05-2006GI) PROPOSAL: On July 13, 2004 the Grand Island City Council approved using a map produced from the Hall County GIS as the official zoning map for the City of Grand Island based on the 2004 Comprehensive Plan for the City of Grand Island. This map was effective August 1, 2004. As a matter of course the City of Grand Island occasionally re- adopts the zoning map incorporating all changes since the last re-adoption of the entire map along with other changes as recommended by staff and the Hall County Regional Planning Commission. This will allow a newly revised and adopted copy of the map to be printed for official use by Council, staff and the general public. This hearing is being held for that purpose. This map will also serve to give notice to all parties that the Grand Island City limits and 2 mile extraterritorial jurisdiction is as shown on the map. BACKGROUND: The following chart shows the changes that have been approved by the Regional Planning Commission and the Grand Island City Council since August 1, 2004 including proposed changes through February 28th 2006. Id ORDINANCE CHANGE LEGAL CASE 1 8975 TA to R1, R2, B2, RO Northview Subdivision C-24-2005GI 2 8943 R2 to RD Via Milano C-2-2005GI 3 8897 M2 to B2 Single House C-32-2005GI 4 8998 RD to TA E 1/2, NW 1/4 Sec. 10, 11, 9 C-28-2005GI 5 8975 TA to LLR Tejak Sub, Sass' Sub, Sass' 2nd Sub, Garden 2nd Sub. C-24-2005GI 6 9022 RD to Amended RD Autumn Park Third Sub. C-4-2006GI 7 8994 RD to B2 Crane Valley 7th C-29-2005GI 8 Pending TA to R2 Copper Creek Estates Sub C-09-2006GI 9 8972 R2 to RD Setwart Place Fourth Subdivision C-20-2005GI 10 8999 LLR to RO Part of S 1/2, NW 1/4 NE 1/4, Sec. 33, 11, 9 C-33-2005GI 11 9019 B2 with GCO to CD with GCO Kings Crossing Sub. C-2-2006GI 12 8950 TA to B2 Part of the SE 1/4, Sec. 26, 11, 9 C-06-2005GI The changes shown on this chart are represented on the new version of the Grand Island Zoning map. A map of these changes is included. The only addition to the City of Grand Island that will or did impact the city limits lines and/or the extraterritorial jurisdiction is Copper Creek Estates. This annexation should be completed concurrent with the adoption of this map. The Grand Island ETJ is being extended to include this additional property consistent with the policy statements for annexation in the Grand Island Comprehensive Plan. All additional property included in will be zoned A2-Secondary Agricultural District consistent with its current use and zoning according to Hall County. This property is shown on the Proposed Annexation Location Map as Attached. ChadN S:\Docs\6449.doc Last printed 3/2/2006 10:24 AM Page 2 The following areas approved for annexation by the Grand Island City Council since August 1, 2004. See Attached Map ID ORDINANCE LEGAL COMMENTS 1 8982 Part of S.E. 1/4, S.W. 1/4 Sec. 3, 11, 09 Capital Avenue west of Ord Line 2 8982 Part of S.E. 1/4, N.E. 1/4, Sec. 14, 11, 9 and Part of S.E. 1/4, N.E. 1/4, Sec. 14, 11, 9 Waste Water Plant Property 3 Pending Copper Creek Estates New Subdivision 4 8953 Preisendorf Subdivision County Industrial Tract 5 8982 Part of S.W.1/4, S.E. 1/4, Sec. 14, 11, 9 Waste Water Plant Property 6 8982 Part of S.E. 1/4, S.E. 1/4, Sec. 22, 11, 9 Stuhr Road South of Fonner Park 7 8982 Part of N 1/4, N.E. 1/4, Sec. 1, 10, 10 Husker Hwy. South of Ponderosa 8 9013 Part of NW 1/4, NE 1/4, Sec. 33, 11, 9 Beverly Healthcare South ANALYSIS Staff is not recommending any changes to the Grand Island Zoning Map other than the one change to increase the extraterritorial jurisdiction due to the annexation of the Copper Creek Estates Development. All of the changes mentioned herein have been previously approved by the Grand Island City Council after proper notice and hearing. This map serves to notify any and all interested parties of the current boundaries of the City of Grand Island, the extents of the extraterritorial jurisdiction for the City of Grand Island and the zoning of property within the jurisdiction of the City of Grand Island. RECOMMENDATION: That the Regional Planning Commission recommend that the City Council of Grand Island adopt this map as presented as the official Zoning Map for the City of Grand Island. ____________________ Chad Nabity AICP, Planning Director ChadN S:\Docs\6449.doc Last printed 3/2/2006 10:24 AM Page 3 ChadN S:\Docs\6449.doc Last printed 3/2/2006 10:24 AM Page 4 ChadN S:\Docs\6449.doc Last printed 3/2/2006 10:24 AM Page 5 Item F1 #9026 - Consideration of Annexation of Property Proposed for Platting as Copper Creek Subdivision Located South of Old Potash Highway and East of Engleman Road (Final Reading) Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: February 28, 2006 Subject: Annexation – Copper Creek Subdivision (Third Reading) Item #’s: F-1 Presenter(s): Chad Nabity AICP, Regional Planning Director Background Annexation of land, located in the NW ¼ 23-11-10 into the Grand Island City Limits see the attached map. Discussion On December 7th, 2005 the Hall County Regional Planning Commission held a public hearing before considering this matter. No members of the public testified at the hearing held by the Regional Planning Commission. This property is adjacent to and contiguous with the Grand Island City along a portion of its northern property line. Water is available to the property included in this annexation request. Sewer is approximately ¼ mile to the east of this project and will be extended by the developer to serve this property. This property is within the Grand Island Utilities Electrical Service District. This property is not within the Grand Island School District. Annexing these properties will impact the two mile extraterritorial jurisdiction of Grand Island. Proposed changes to the zoning map will be forwarded to council prior to the third reading of this ordinance as readoption of the Official Grand Island Zoning Map. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the annexation as presented 2. Modify the annexation to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Hayes 2nd by Brown to approve and recommend that the City of Grand Island approve this annexation and as presented. A roll call vote was taken and the motion passed with 11 members present (Amick, Haskins, Reynolds, O’Neill, Brown, Niemann, Miller, Eriksen, Ruge, Monter, Hayes) voting in favor. Sample Motion Approve the annexation as Submitted Approved as to Form ¤ ___________ March 2, 2006 ¤ City Attorney ORDINANCE NO. 9026 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tract of land comprising the Northwest Quarter (NW1/4) of Section Twenty Three (23), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in Hall County, Nebraska; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after public hearing on December 7, 2005, the Regional Planning Commission recommended the approval of annexing into the City of Grand Island, a tract of land comprising the Northwest Quarter (NW1/4) of Section Twenty Three (23), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in Hall County, Nebraska, excepting therefrom: 1. All of M and M Subdivision, located in part of the Northwest Quarter of the Northwest Quarter (NW1/4, NW1/4) of Section Twenty Three (23), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in Hall County, Nebraska. 2. All of Meyer's Subdivision, located in part of the Northeast Quarter of the Northwest Quarter (NE1/4, NW1/4) of Section Twenty Three (23), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in Hall County, Nebraska. * This Space Reserved For Register of Deeds * ORDINANCE NO. 9026 (Cont.) - 2 - 3. The easterly Thirty Five (35.0) feet of the East Half of the East Half of the Northwest Quarter (E1/2, E1/2, NW1/4) of Section Twenty Three (23), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in Hall County, Nebraska. WHEREAS, after public hearing on January 24, 2006, the City Council of the City of Grand Island found and determined that such annexation be approved; and WHEREAS, on January 24, 2006, the City Council of the City of Grand Island approved such annexation on first reading; and WHEREAS, on February 14, 2006, the City Council of the City of Grand Island approved such annexation on second reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described tract of land is urban or suburban in character, and that the subject property is contiguous or adjacent to the corporate limits of said City. (B) The subject land will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed. ORDINANCE NO. 9026 (Cont.) - 3 - (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. (E) The plan for extending City services adopted by the City Council by the passage and approval of Resolution No. 2005-349 is hereby approved and ratified as amended. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted by herein. ORDINANCE NO. 9026 (Cont.) - 4 - SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Enacted: March 7, 2006. ____________________________________ Jay Vavr icek, Mayor Attest: ________________________________ RaNae Edwards, City Clerka Item F2 #9033 - Consideration of Change of Zoning for Land Proposed for Platting as Copper Creek Subdivision Located South of Old Potash Hwy and East of Englemand Road from TA Transitional Ag to R2 Low Density Residential This item relates to the aforementioned Public Hearing Item E-9. Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ March 2, 2006 ¤ City Attorney ORDINANCE NO. 9033 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprising of a part of the Northwest Quarter (NW1/4) of Section 23, Township 11 North, Range 10 West of the 6th P.M. in Hall County, Nebraska, from TA-Transitional Agricultural Zone to R2-Low Density Residential Zone; directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-44; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on February 1, 2006, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of the school districts in Hall County, Nebraska; and WHEREAS, after public hearing on March 7, 2006, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The following tract of land is hereby rezoned and reclassified and changed from TA-Transitional Agricultural Zone to R2-Low Density Residential Zone: A tract of land comprising the Northwest Quarter (NW1/4) of Section Twenty Three (23), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in Hall County, Nebraska, EXCEPTING THEREFROM the following: 1. All of M and M Subdivision, located in part of the Northwest Quarter of the Northwest Quarter (NW1/4, NW1/4) of Section Twenty Three (23), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in Hall County, Nebraska. ORDINANCE NO. 9033 (Cont.) - 2 - 2. All of Meyer's Subdivision, located in part of the Northeast Quarter of the Northwest Quarter (NE1/4, NW1/4) of Section Twenty Three (23), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in Hall County, Nebraska. 3. The easterly Thirty Five (35.0) feet of the East Half of the East Half of the Northwest Quarter (E1/2, E1/2, NW1/4) of Section Twenty Three (23), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in Hall County, Nebraska. Said rezoned tract of land contains approximately 149.6 acres. SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: March 7, 2006. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F3 #9034 - Consideration of Amendments to Chapter 18 of the City Code Relative to Examining Board; Membership; and Duties Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Council Agenda Memo From: Craig A. Lewis, Building Department Director Meeting: March 7, 2006 Subject: Gas Fitters Examining Board Item #’s: F-3 Presenter(s): Craig A. Lewis, Building Department Director Background At the last meeting of the Gas Fitters Examining Board on February 8, 2006, increasing the membership on that board from four to seven was discussed and approved. That action brings this request for Council approval to increase the number of members on the Examining Board. Discussion The Gas Fitters Examining Board is responsible for establishing standards and procedures for the qualifications, examination and licensing of master and journeyman gas fitters and shall issue the appropriate license. As this board meets to establish procedures and review applications for testing it has at times become difficult to obtain a quorum and conduct business, with the increase in membership it will become less of a burden for the members to always be present. Additionally the Board has decided to actively pursue the adoption of a Mechanical Code and the additional membership will allow for increased involvement from the heating and air conditioning industry. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve ordinance #_________________. Sample Motion Motion to approve ordinance # ____________. Approved as to Form ¤ ___________ March 2, 2006 ¤ City Attorney ORDINANCE NO. 9034 An ordinance to amend Chapter 18 of the Grand Island City Code; to amend Section 18-6 pertaining to gas fitters' examing board; to repeal Section 18-6 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 18-6 of the Grand Island City Code is hereby amended to read as follows: §18-6. Examining Board; Membership; Duties There is hereby created an examining board for gas fitters which shall consist of seven members appointed annually by the Mayor and approved by a majority of the city council. The seven members shall consist of the following: (1) The Chief Building Official, or his/her designee (2) One member from the local gas company (3) One contracting master gas fitter (4) One member from the community (5) Three members which shall be either master gas fitters or journeyman gas fitters Four members shall constitute a quorum. Duties of the board shall be to establish standards and procedures for the qualifications, examination, and licensing of master and journeymen Gas Fitters and shall issue the appropriate license to each person who meets the qualifications thereof and successfully passes the examination given by the Examining Board. The duly appointed Examining Board shall act as a Board of Appeals for any appeal arising from actions of the Chief Building Official or his authorized representative as it relates to issues in this chapter of the city code. There is hereby created an examining board for gas fitters which shall be comprised of the chief building official, gas inspector, two appointees from the local heating trades group, and one member from the gas company, all to be selected by the chief building official and approved by the Council. One of such appointees shall be a regularly licensed master plumber, and one shall be a gas fitter duly authorized and licensed to install central heating hot air furnaces or other gas burning equipment. SECTION 2. Section 18-6 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. ORDINANCE NO. 9034 (Cont.) - 2 - SECTION 3. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: March 7, 2006. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Receipt of Official Document - Resolution from Merrick County Board Requesting Creation of Interjurisdictional Planning Commission Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: Doug Walker City of Grand Island City Council Council Agenda Memo From: Douglas R. Walker, City Attorney Meeting: March 7, 2006 Subject: Receipt of Merrick County Board of Supervisors Requesting Creation of Inter-Jurisdictional Planning Commission Item #’s: G-1 Presenter(s): Douglas R. Walker, City Attorney Background The city has received a resolution from the Merrick County Supervisors requesting the formation of an inter-jurisdictional planning commission between Merrick County and the City of Grand Island. An inter-jurisdictional planning commission may be established when a municipality has extraterritorial zoning jurisdiction outside of the city limits in another county that is not the county where that municipality is located. Discussion Merrick County has sent a formal resolution to the City of Grand Island requesting the formation of an inter-jurisdictional planning commission which would have authority over that portion of Grand Island’s zoning jurisdiction which lies within Merrick County. The city is required by Neb. Rev. Stat., §19-930 to participate with Merrick County in establishing an inter-jurisdictional planning commission since it has passed a formal resolution. Section 19-930(2) requires the governmental entity (Merrick County) requesting the formation to forward a copy of their resolution to the other jurisdiction (Grand Island) which is required by statute to formally acknowledge the resolution. This will be the first step in the process of establishing an inter-jurisdictional planning commission. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Acknowledge receipt of the resolution from Merrick County. 2. Table the issue. Recommendation City Administration recommends tha t the Council acknowledge that it has received the resolution from Merrick County. Sample Motion Motion to acknowledge the resolution 2006-003 from Merrick County requesting an inter-jurisdictional planning commission be established. Item G2 Approving Minutes of February 28, 2006 City Council Regular Meeting Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING February 28, 2006 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on February 28, 2006. Notice of the meeting was given in the Grand Island Independent on February 22, 2006. Council President Margaret Hornady called the meeting to order at 7:00 p.m. The following members were present: Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly, Hornady, Walker, and Haase. Mayor Vavricek was absent. The following City Officials were present: City Administrator Gary Greer, City Clerk RaNae Edwards, Finance Director David Springer, Public Works Director Steve Riehle, and City Attorney Doug Walker. INVOCATION was given by Pastor John Hayes, Grace Baptist Church, 1115 South Vine Street followed by the PLEDGE OF ALLEGIANCE. PRESENTATIONS AND PROCLAMATIONS: Proclamation “Juror Appreciation Week” February 27 through March 3, 2006. Council President Hornady presented the proclamation “Juror Appreciation Week” proclaimed by Mayor Vavricek for the week of February 27 through March 3, 2006. District Judge James Livingston; County Court Judge Philip Martin; and Court Interpreter Constanza Meier were present to receive the proclamation and spoke about the importance of serving on a jury. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement Located at 1215 East Highway 30. (TLK Storage, LLC) Gary Mader, Utilities Department Director reported that acquisition of a utility easement located at 1215 East Highway 30 was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, pipes, valves, and fire hydrants. The purpose of this easement would be to provide adequate water flows for fire safety at the new Public Safety Center and jail located west of the old Luzenac building. No public testimony was heard. ORDINANCES: Doug Walker, City Attorney reported Ordinance #9026 related to the Public Hearing held on January 24, 2006 and was the second of three readings. #9032 – Consideration of Annexation of Property Proposed for Platting as Ewoldt Addition Located South of Husker Highway and West of U.S. Highway 281. (Second Reading) Page 2, City Council Regular Meeting, February 14, 2006 Motion by Pielstick, second by Walker to approve Ordinance #9032 on second reading. Upon roll call vote, all voted aye. Motion adopted. CONSENT AGENDA: Consent Agenda item G-9 was pulled for discussion. Motion by Gilbert, second by Cornelius to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of February 14, 2006 City Council Regular Meeting. #2006-42 – Approving Agreement with CH2M Hill for Consulting Engineering Services for Lift Station No. 19 in an Amount not to exceed $376,018.00. #2006-58 – Approving Agreement with Olsson Associates for Consulting Engineering Services to Conduct a Noise Study Along Capital Avenue from Moores Creek drain to Webb Road in an Amount not to exceed $24,975.00. #2006-59 – Approving Bid Award for Hot-Mix Asphalt Concrete for 2006 with Gary Smith Construction Co. of Grand Island, Nebraska in an Amount of $24.97 per ton for Type “A”, $19.40 per ton for Type “B”, and $23.50 per ton for Type “C” asphalt hot-mix. #2006-60 – Approving Bid Award for Concrete Ready-Mix for 2006 with Brodsky’s Ready-Mix of Grand Island, Nebraska in an Amount of $58.00 per cubic yard. #2006-61 – Approving Bid Award for Concrete Pavement and Storm Sewer Repairs for 2006 with The Diamond Engineering Company of Grand Island, Nebraska in an Amount of $433,911.50. #2006-62 – Approving Acquisition of Utility Easement Located at 1215 East Highway 30. (TLK Storage, LLC) #2006-63 – Approving Agreement for Construction Occupancy Located at 1215 East Highway 30. (TLK Storage, LLC) #2006-64 – Approving Designation of Loading Zone on Oak Street, Vine Street, and Bismark Road Adjacent to Dodge School. Steve Riehle, Public Works Director reported that a loading zone was recommended along Oak Street, Vine Street, and Bismark Road adjacent to Dodge School for the children’s safety when loading and unloading. Richard Milton, 109 East Ashton spoke in support. Discussion was had concerning loading along Bismark Road. Motion by Whitesides, second by Meyer to approve Resolution #2006-64. Upon roll call vote, all voted aye. Motion adopted. Page 3, City Council Regular Meeting, February 14, 2006 PAYMENT OF CLAIMS: Motion by Cornelius, second by Haase to approve the Claims for the period of February 15, 2006 through February 28, 2006, for a total amount of $1,569,727.80. Motion adopted unanimously. ADJOURNMENT: The meeting was adjourned at 7:35 p.m. RaNae Edwards City Clerk Item G3 Approving Request of Charles Scott Pinkham, 603 N Tower, Minden, Nebraska for Liquor Manager Designation for (5) Casey's General Stores Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: March 7, 2006 Subject: Request of Charles Scott Pinkham, 603 N. Tower, Minden, Nebraska for Liquor Manager Designation for Casey’s General Stores Item #’s: G-3 Presenter(s): RaNae Edwards, City Clerk Background Charles Scott Pinkham, 603 N. Tower, Minden, Nebraska has submitted five applications with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the following Liquor Licenses for Casey’s General Store: Class “D” #2707, 806 N. Eddy Street Class “B” #2727, 1219 West 2nd Street Class “B” #2732, 4150 West U.S. Highway 30 Class “D” #2737, 1814 N. Eddy Street Class “B” #2742, 2223 South Locust Street These applications ha ve been reviewed by the Police Department and City Clerk’s Office. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all liquor manager designations. All departmental reports have been received. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Forward the request with no recommendation. 3. Take no action on the request. Recommendation City Administration recommends that the Council approve this request for a Liquor Manager Designation with the stipulation that a state approved alcohol server/seller training program be completed. Sample Motion Move to approve the request of Charles Scott Pinkham, 603 N. Tower, Minden, Nebraska for Liquor Manager Designation in conjunction with the five (5) Casey’s General Stores Liquor Licenses with the stipulation that Mr. Pinkham complete a state approved alcohol server/seller training program.. Item G4 Approving Request of Silvia Perez Cevantes, 411 East 4th Street, Apt. 1 for Liquor Manager Designation for Tucanaso, 410 East 4th Street Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: March 7, 2006 Subject: Request of Silvia Perez Cevantes, 411 East 4th Street, Apt. 1 for Liquor Manager Designation for Tucanaso, 410 East 4th Street Item #’s: G-4 Presenter(s): RaNae Edwards, City Clerk Background Silvia Perez Cevantes, 411 East 4th Street has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “C- 71365” Liquor License for Tucanaso, 410 East 4th Street. This application ha s been reviewed by the Police Department and City Clerk’s Office. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all liquor manager designations. All departmental reports have been received. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Forward the request with no recommendation. 3. Take no action on the request. Recommendation City Administration recommends that the Council approve this request for a Liquor Manager Designation contingent upon the liquor license approval for Tucanasco and the stipulation that Ms. Perez Cevantes complete a state approved alcohol server/seller training program. Sample Motion Contingent upon the liquor license approval for Tucanasco move to approve the request of Silvia Perez Cevantes, 411 East 4th Street, Apt. 1 for Liquor Manager Designation in conjunction with the Class “C-71365” Liquor License with the stipulation that Ms. Perez Cevantes complete a state approved alcohol server/seller training program. Item G5 #2006-65 - Approving Final Plat and Subdivision Agreement for Copper Creek Subdivision Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: March 7, 2006 Subject: Copper Creek Subdivision - Final Plat Item #’s: G-5 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This subdivision proposes to create 97 lots on a parcel of land in the NW ¼ 23-11-10. This land consists of approximately 25.993 acres. Discussion This is the first phase of the Copper Creek Development. The preliminary plat was approved at council on January 10, 2006. The preliminary plat was approved pending rezoning of this property and subject to a drainage plan that shows no increase in the flows from this property based on the development to be approved. The developer has submitted a drainage plan that limits the post developme nt drainage from this property to the same levels as currently drain from the property. The Grand Island Public Works department has reviewed the plans and feels they are adequate to control runoff from this property. Based on concerns for drainage on this property after the storms in May, staff has reviewed the photographs and video from after the storm and they show that on Friday May 13, there was very little water on this property but a substantial amount of water on the properties to the east that are not being considered for development at this time. Council will consider the rezoning of this property at this same meeting prior to consideration of the final plat. If the rezoning is approve the plat should be approved. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the final plat as presented 2. Modify the final plat to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Brown 2nd by Miller to approve the final plat as presented. A roll call vote was taken on the motion to recommend approval with 5 members (O’Neill, Brown, Miller, Ruge, Hayes) voting in favor and 4 members (Amick, Reynolds, Niemann, Eriksen) voting against the motion. Sample Motion Approve the Final Plat for Copper Creek Subdivision as presented. Approved as to Form ¤ ___________ March 2, 2006 ¤ City Attorney R E S O L U T I O N 2006-65 WHEREAS, Copper Creek Estates, L.L.C., a limited liability company, as owner, has caused to be laid out into lots, a tract of land comprising a part of the Northwest Quarter (NW1/4) of Section Twenty Three (23), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in Hall County, Nebraska, under the name of COPPER CREEK ESTATES SUBDIVISION, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of COPPER CREEK ESTATES SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 7, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2006-66 - Approving Redevelopment Plan for Blight and Substandard Area #5 for Ann's Pet Salon to be Located at 1303 Geddes Street This item relates to the aforementioned Public Hearing Item E-8. Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ March 2, 2006 ¤ City Attorney R E S O L U T I O N 2006-66 WHEREAS, the City of Grand Island, Nebraska, a municipal corporation and city of the first class, has determined it be desirable to undertake and carry out urban redevelopment projects in areas of the City which are determined to be substandard and blighted and in need of redevelopment; and WHEREAS, the Nebraska Community Development Law, Chapter 18, Article 21, Nebraska Reissue Revised Statutes of 1997, as amended (the "Act"), prescribes the requirements and procedures for the planning and implementation of redevelopment projects; and WHEREAS, the City has previously declared Redevelopment Area No. 5 of the City to be substandard and blighted and in need of redevelopment pursuant to the Act; and WHEREAS, the Community Redevelopment Authority of the City of Grand Island, Nebraska (the "Authority"), has prepared a Redevelopment Plan pursuant to Section 18-2111 of the Act, and recommended the Redevelopment Plan to the Planning Commission of the City; and WHEREAS, the Planning Commission of the City reviewed the Redevelopment Plan pursuant to the Act and submitted its recommendations, to the City, pursuant to Section 18-2114 of the Act; and WHEREAS, following consideration of the recommendations of the Authority to the Planning Commission, the recommendations of the Planning Commission to the City, and following the public hearing with respect to the Redevelopment Plan, the City approved the Plan; and WHEREAS, there has been presented to the City by the Authority for approval a specific Redevelopment Project within the Redevelopment Plan and as authorized in the Redevelopment Plan, such project to be the construction of a building to expand an existing pet grooming business which will include additional groomers, pet daycare, and kenneling facilities to be located adjacent to the Central Nebraska Humane Society in Grand Island, Hall County, Nebraska; and WHEREAS, the City published notices of a public hearing and mailed notices as required pursuant to Section 18-2115 of the Act and has, on the date of the Resolution held a public hearing on the proposal to amend the Redevelopment Plan to include the Redevelopment Project described above. NOW, THEREFORE, be it resolved by the City Council of the City of Grand Island, Nebraska: - 2 - 1. The Redevelopment Plan of the City approved for Redevelopment Area No. 5 in the city of Grand Island, Hall County, Nebraska, including the Redevelopment Project described above, is hereby determined to be feasible and in conformity with the general plan for the development of the City of Grand Island as a whole and the Redevelopment Plan, including the Redevelopment Project identified above, is in conformity with the legislative declarations and determinations set forth in the Act; and it is hereby found and determined, based on the analysis conducted by the Authority, that (a) the redevelopment project in the plan would not be economically feasible without the use of tax- increment financing, (b) the redevelopment project would not occur in the community redevelopment area without the use of tax-increment financing, and (c) the costs and benefits of the redevelopment project, including costs and benefits to other affected political subdivisions, the economy of the community, and the demand for public and private services have been analyzed by the City and have been found to be in the long-term best interest of the community impacted by the redevelopment project. The City acknowledges receipt of notice of intent to enter into the Redevelopment Contract in accordance with Section 18-2119 of the Act and of the recommendations of the Authority and the Planning Commission with respect to the Redevelopment Contract. 2. Approval of the Redevelopment Plan is hereby ratified and reaffirmed, as amended by this Resolution, and the Authority is hereby directed to implement the Redevelopment Plan in accordance with the Act. 3. Pursuant to Section 18-2147 of the Act, ad valorem taxes levied upon real property in the Redevelopment Project included or authorized in the Plan which is described above shall be divided, for a period not to exceed 15 years after the effective date of this provision, which effective date shall be April 1, 2006 as follows: a. That proportion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the Redevelopment Project Valuation (as defined in the Act) shall be paid into the funds of each such public body in the same proportion as all other taxes collected by or for the bodies; and b. That proportion of the ad valorem tax on real property in the Redevelopment Project in excess of such amount, if any, shall be allocated to, is pledged to, and, when collected, paid into a special fund of the Authority to pay the principal of, the interest on, and any premiums due in connection with the bonds, loans, notes or advances of money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, such Redevelopment Project. When such bonds, loans, notes, advances of money, or indebtedness, including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such Redevelopment Project shall be paid into the funds of the respective public bodies. - 3 - c. The Mayor and City Clerk are authorized and directed to execute and file with the Treasurer and Assessor of Hall County, Nebraska, an Allocation Agreement and Notice of Pledge of Taxes with respect to each Redevelopment Project. 4. The City hereby finds and determines that the proposed land uses and building requirements in the Redevelopment Area are designed with the general purposes of accomplishing, in accordance with the general plan for development of the City, a coordinated, adjusted and harmonious development of the City and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity; and the general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of a healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreation and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of unsanitary or unsafe dwelling accommodations, or conditions of blight. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 7, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2006-67 - Approving Re-Adopting the City of Grand Island Official Zoning Map This item relates to the aforementioned Public Hearing Item E-10. Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ March 2, 2006 ¤ City Attorney R E S O L U T I O N 2006-67 WHEREAS, the Mayor and City Council of the City of Grand Island are committed to the orderly plan necessary to accommodate future growth and transportation needs; and WHEREAS, on July 13, 2004, by Resolution 2004-154, the City of Grand Island approved and adopted the Official Zoning Map as prepared by the firm of JEO Consulting, Inc. of Wahoo, Nebraska; and WHEREAS, numerous changes and amendments to the Plan have been approved since its adoption; and WHEREAS, on February 1, 2006, the Regional Planning Commission held a public hearing on such issue, and recommended approval of such updated plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island hereby approves and adopts the Official Zoning Map incorporating changes made since its adoption in 2004. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 7, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2006-68 - Approving Designating US Filter, Zimpro Products as the Sole Source Provider for the Zimpro 84” Spiral Lift Screw Pump Parts; Wastewater Division Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: March 7, 2006 Subject: Designating US Filter, Zimpro Products as the Sole Source Provider for the Zimpro 84” Spiral Lift Screw Pump Parts; Wastewater Division Item #’s: G-8 Presenter(s): Steven P. Riehle, Public Works Director Background The Wastewater Treatment Plant (WWTP) has three (3) Zimpro 84” Spiral Lift Screw Pumps that lift sewage at the south end of the aeration basins. Currently one pump is down for repairs. Loss of a second pump will result in violation of the NPDES permit. On February 22, 2006 the Wastewater Division of the Public Works Departme nt advertised for Zimpro 84” Spiral Lift Screw Pump Parts from authorized providers. Discussion One bid was received on March 1, 2006 from US Filter, Zimpro Products of Irondale, AL in the amount of $21,672.89. The bid was submitted in compliance with all bid specifications with no exceptions. The estimate for the parts was $30,000.00. Zimpro Products is the manufacturer of the spiral lift screw pumps and US Filter is the company’s authorized dealer. To streamline the process on future repairs, administration is requesting that US Filter, Zimpro Products be designated as the sole source provider. This would allow the WWTP to acquire parts for future repairs from US Filter Zimpro Products. Alternatives 1. Make a motion to approve designating US Filter, Zimpro Products as the sole source provider for parts to the Zimpro 84” Spiral Lift Screw Pumps and authorize the mayor to execute a contract. 2. Refer the issue to a committee. 3. Postpone the issue to a further date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council pass a resolution designating US Filter, Zimpro Products of Irondale, AL as the sole source provider for parts for the Zimpro 84” Spiral Lift Screw Pumps. Sample Motion Approve the designation of the sole source provider and entering into a contract with US Filter, Zimpro Products. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: March 1, 2006 at 11:15 p.m. FOR: Zimpro 84” Spiral Lift Screw Pump Parts DEPARTMENT: Public Works ESTIMATE: $30,000.00 FUND/ACCOUNT: 53030051-85325 PUBLICATION DATE: February 22, 2006 NO. POTENTIAL BIDDERS: 1 SUMMARY Bidder: US Filter, Zimpro Products Irondale, AL Exceptions: None Bid Price: $21,672.89 cc: Steve Riehle, Public Works Director Ben Thayer, Supt. of WWTP Danelle Collins, PW Admin. Assist. Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P1076 Approved as to Form ¤ ___________ March 2, 2006 ¤ City Attorney R E S O L U T I O N 2006-68 WHEREAS, the Waste Water Treatment Plant (WWTP) has three 84 inch spiral lift screw pumps that lift sewage to the aeration basins as part of the treatment process; and WHEREAS, all three spiral lift screw pumps are required to be operational in order to meet the permit limits; and WHEREAS, one pump is in need of repairs; and WHEREAS, the City of Grand Island invited sealed bids for Zimpro 84" Spiral Lift Screw Pump Parts for the WWTP, according to plans and specifications on file with the City Engineer; and WHEREAS, on March 1, 2006, one bid was received, opened and reviewed; and WHEREAS, US Filter / Zimpro Products of Irondale, Alabama, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $21,672.89; and WHEREAS, Zimpro Products is the manufacturer of the pumps and US Filter is their authorized dealer; and WHEREAS, to streamline the process for acquisition of future repair parts, it is requested that US Filter / Zimpro Products be designated as the sole source provided for such repair parts; and WHEREAS, US Filter / Zimpro Products' bid is less than the estimate for such parts. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of US Filter / Zimpro Products of Irondale, Alabama, in the amount of $21,672.89 for Zimpro 84" spiral lift screw pump parts for the Waste Water Treatment Plant is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that US Filter / Zimpro Products is hereby designated as the sole source provider for repair parts to the 84 inch spiral lift screw pumps at the Waste Water Treatment Plant. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 7, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2006-69 - Approving Change Order No. 1 to the Contract with The Diamond Engineering Company for the South Locust Street Bridges; Northbound Lanes North of I-80 Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: March 7, 2006 Subject: Approving Change Order No. 1 to the Contract with The Diamond Engineering Company for the South Locust Street Bridges; Northbound Lanes North of I-80 Item #’s: G-9 Presenter(s): Steven P. Riehle, Public Works Director Background On August 23, 2005 the City Council approved awarding a contract to The Diamond Engineering Company for construction of the Northbound South Locust Street Bridges. Any changes to the contract must be approved by the city council. Discussion The Engineering Division of the Public Works Department is submitting Change Order No. 1. The change order is to raise the approach road to the elevation of the new bridges. This is an $18,677.00 increase to the original agreement as detailed on the attached changes order. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve Change Order No.1. 2. Refer the issue to a Committee. 3. Postpone the issue to a future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve Change Order No. 1 to the contract with The Diamond Engineering Co. for construc tion of Northbound South Locust Street Bridges. Sample Motion Move to approve Change Order No.1. Approved as to Form ¤ ___________ March 2, 2006 ¤ City Attorney R E S O L U T I O N 2006-69 WHEREAS, on August 23, 2005, by Resolution 2005-239, the City of Grand Island awarded the bid for the Construction of Two Bridges for northbound lanes over the Platte River channels on South Locust Street north of Interstate 80 [Project No. 2235(4)] to The Diamond Engineering Company of Grand Island, Nebraska; and WHEREAS, it has been determined that modifications to the work to be performed by The Diamond Engineering Company are necessary; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, the result of such modification will increase the contract amount by $18,677 for a revised contract price of $1,197,832.59. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1 between the City of Grand Island and The Diamond Engineering Company of Grand Island, Nebraska to provide the modification set out as follows: Earthwork measured in embankment........................................................................................16,439.50 Mobilization...............................................................................................................................750.00 Seeding and mulching.................................................................................................................287.50 Silt fence ................................................................................................................................1,200.00 - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 7, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2006-70 - Approving Bid Award for Street Improvement District No. 1257; Shanna Street in Western Heights 4th Subdivision Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: March 7, 2006 Subject: Approving Bid Award for Street Improvement District No. 1257; Shanna Street in Western Heights 4th Subdivision Item #’s: G-10 Presenter(s): Steven P. Riehle, Public Works Director Background On February 15, 2006 the Engineering Division of the Public Works Department advertised for bids for Street Improvement District 1257; Shanna Street in Western Heights Fourth Subdivision. Discussion One bid was received and on March 1, 2006. The bid was submitted in compliance with the contract, plans, and specifications with no exceptions. The bid estimate for the district was $124,338.90. A summary of the bid is shown below. Bidder Exceptions Bid Security Bid Price The Diamond Engineering Co. Grand Island NE None Universal Surety Co. $104,273.72 There are sufficient funds in Account No. 40033530-90061 to fund this contract. The district will be assessed with the property owners receiving credit for the width of the existing asphalt street. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. 1. Make a motion to approve awarding the bid to The Diamond Engineering Company for Street Improvement District No. 1257 in the amount of $104,273.72. 2. Refer the issue to a Committee. 3. Postpone the issue to a future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve awarding the contract and pass a resolution authorizing the Mayor to sign a contract with The Diamond Engineering Company of Grand Island, NE. Sample Motion Move to approve the award of the contract to The Diamond Engineering Company for Street Improvement District 1257. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: March 1, 2006 at 11:00 a.m. FOR: Street Improvement District No. 1257 DEPARTMENT: Public Works ESTIMATE: $124,338.90 FUND/ACCOUNT: 40033530-90061 PUBLICATION DATE: February 15, 2006 NO. POTENTIAL BIDDERS: 15 SUMMARY Bidder: The Diamond Engineering Co. Grand Island, NE Bid Security: Universal Surety Company Exceptions: None Bid Price: $104,273.72 cc: Steve Riehle, Public Works Director Bud Buettner, Assist. PW Director Ron Underwood, Civil Eng. Manager Danelle Collins, Admin. Assist. PW Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P1073 Approved as to Form ¤ ___________ March 2, 2006 ¤ City Attorney R E S O L U T I O N 2006-70 WHEREAS, the City of Grand Island invited sealed bids for Street Improvement District No. 1257, according to plans and specifications on file with the City Engineer; and WHEREAS, on March 1, 2006, one bid was received, opened and reviewed; and WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $104,273.72; and WHEREAS, The Diamond Engineering Company's bid is less than the estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Company of Grand Island, Nebraska, in the amount of $104,273.72 for Street Improvement District No. 1257 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 7, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2006-71 - Approving Certificate of Final Completion for CXT Transmission Line Work Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Meeting: March 7, 2006 Subject: Approving Certificate of Final Completion for Contract #05-PCC-01, Transmission Line Work Item #’s: G-11 Presenter(s): Gary R. Mader, Utilities Director Background Grand Island Utilities Department worked with CXT to support the expansion of their existing manufacturing plant in Grand Island. As part of the expansion, nearly a mile of new rail spur was constructed by CXT to serve the increased capacity of their plant. A 55’ tall gantry crane is now used along the new rails to load concrete ties on to rail cars. The CXT plant and the expansion are located in the Union Pacific rail yards on the east side of Grand Island. The Utilities Department has a 115,000 volt (115kV) transmission line crossing the area. This line needed to be raised to provide safe clearance for the new gantry crane. Discussion Advantage Engineering was retained in February, 2005 to design the portion of the 115 kV transmission line associated with the CXT facility. This design is consistent with the current construction standards adopted for Grand Island’s 115 kV loop. The line section involved in this reconstruction project is 30 years old and was planned for upgrade within the next five years to meet increasing electric loads. City electric loads have more than doubled since initial line construction. With the line rebuild being done at this time, the capacity upgrade was also included in the construction project. Specific ations for Transmission Line Work, Contract #05-PCC-01 were issued for bid in April, 2005. Bids were publicly opened on June 14, 2005; three bids were received ranging from $655,691.37 to $922,213.80. The Engineer’s estimate for the project was $700,000. The low bidder, Dominion Construction Company of Scottsbluff, Nebraska, was awarded the construction contract at the regular Council meeting of June 28, 2005. The project was completed in October, 2005, with final payment made to Dominion Construction at the Council Meeting of February 6, 2006, for a total contract amount of $656,312.41. With final structure design, the size of one steel pole concrete foundation needed to be increased slightly adding $621.04 to the bid price, adjusted per the unit prices included in the contract. Transmission Line Work Contract #05-PCC-01 is complete. The rebuilt portion of the 115 kV line has been place in normal service. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to accept the Certificate of Final Completion for Contract #05-PCC-01, Transmission Line Work 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council accept the Certificate of Final Completion for Contract #05-PCC-01, Transmission Line Work, with Dominion Construction Company. Sample Motion Motion to accept the Certificate of Final Completion for Contract #05-PCC-01, Transmission Line Work. Approved as to Form ¤ ___________ March 2, 2006 ¤ City Attorney R E S O L U T I O N 2006-71 WHEREAS, the Utilities Director of the City of Grand Island has issued a Certificate of Final Completion for Contract 05-PCC-01, Transmission Line Work, certifying that Dominion Construction Company of Scottsbluff, Nebraska, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Utilities Director recommends the acceptance of the final completion; and WHEREAS, the Mayor concurs with such recommendation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Contract 05-PCC-01, Transmission Line Work is hereby confirmed and approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 7, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2006-72 - Approving Confidentiality Agreement with NPPD - Utilities Department Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: Gary R. Mader;Doug Walker City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Meeting: March 7, 2006 Subject: Confidentiality Agreement with NPPD Item #’s: G-12 Presenter(s): Gary R. Mader, Utilities Director Background Grand Island Utilities and the Nebraska Public Power District (NPPD) work together on a routine, continuous basis in the electric industry. Grand Island and NPPD have several agreements in place concerning the purchase and sale of electric energy, and the joint reporting of electric resources to meet National Electric Reliability Council (NERC) requirements. These agreements require the routine exchange of information concerning the status and condition of one another’s power production facilities, substations, and transmission lines. Discussion With the federal deregulation of an electric industry without the resources in place to allow a truly open market place, the knowledge of electric system failures and weaknesses can be used to manipulate regional electric markets to produce excess profits for power marketers. The classic example of electric system manipulation to produce high profits is the Enron manipulation of California power markets in the 90’s. Because of the potential for market manipulation, the National Electric Reliability Council standards prohibit the disclosure of information that might be used to gain an unfair advantage in electric power markets. The regulation is similar to Securities and Exchange Commission regulation of insider trading in financial markets. Sinc e Grand Island and NPPD routinely exchange information regarding the operating status of the respective electrical utilities, a confidentiality agreement is proposed regarding the disclosure of that information, in accordance with NERC Standards. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the agreement 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the agreement with NPPD. Sample Motion Motion to approve the Confidentiality Agreement with NPPD. Approved as to Form ¤ ___________ March 2, 2006 ¤ City Attorney R E S O L U T I O N 2006-72 WHEREAS, the Grand Island Utilities Department and the Nebraska Public Power District (NPPD) work together on a routine, continuous basis in the electric industry, and have several agreements in place concerning the purchase and sale of electric energy and the joint reporting of electric resources to meet National Electric Reliability Council (NERC) requirements; and WHEREAS, the various agreements require the routine exchange of information concerning the status and condition of one another's power production facilities, substations, and transmission lines; and WHEREAS, in order to secure the information exchanged, and to comply with the NERC standards prohibiting the disclosure of information that may be used to gain an unfair advantage in electric power markets, it is recommended that a confidentiality agreement be entered into between the parties; and WHEREAS, the confidentiality agreement would authorize NPPD and the City's Utility Department to disclose to one another as well as their Reliability Coordinator, as required under applicable National Electric Reliability Council reliability standards, real-time power system reliability data for all points; and WHEREAS, the proposed agreement has been reviewed and approved by the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Confidentiality Agreement between the City and the Nebraska Public Power District for Electric System Reliability Data is hereby approved; and the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 7, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2006-73 - Approving Bid Award - Water Main District 452 - Lake Street, Knott Avenue and Tri Street Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: Gary R. Mader; DaleShotkoski City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Dale Shotkoski, Asst. City Attorney/Purchasing Meeting: March 7, 2006 Subject: Bid Award – Water Main District 452 – Knott Subdivision Item #’s: G-13 Presenter(s): Gary R. Mader, Utilities Director Background Water Main District 452 was created following the request of area property owners for City water service. The District would provide for the installation of an 8” diameter water main to serve the area along Knott Avenue, Lake Street, and Tri Street within the Knott Subdivision and Palu Subdivision. The neighborhood is located south of U.S. Highway 34 and west of Locust Street, and is a combination of single family homes and commercial properties. A map of the District is attached for reference. The proposed construction will be done as an assessment district, which is the Utility Department’s standard method for installing water lines in developed areas when requested by the neighborhood. The assessable costs of the District would be charged to the properties served by the District. The assessments may be financed over a five year period, at 7% simple interest on the unpaid balance. The proposed District passed protest period and was continued by Council at the regular meeting of January 10, 2006. The protest rate was 3.3%. Discussion Specifications, plans and contracts were prepared for District construction. Six construction firms and five information agencies received the bid documents. In accordance with Cit y Procurement Codes, bids were publicly opened at 11:30 a.m. on February 23, 2006. A tabulation of the bids received is listed below: Bidder Bid Price Completion Diamond Engineering Co. $61,786.84 90 Days Grand Island NE Starostka Group, Inc. $65,290.45 60 Days Grand Island NE Judds Brothers Construction $87,226.96 120 Days Lincoln NE General Excavation $91,335.31 100 Days Lincoln NE Four bids were received and evaluated. All bids are complete and without exceptions. The project estimate was $88,000.00 and funds are available in the 2005-2006 Budget. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the Contract for Water Main District 452 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council award the construction contract to the low bidder, Diamond Engineering Company of Grand Island, Nebraska in the amount of $61,786.84. Sample Motion Motion to approve the award of Contract for construction of Water Main District 452 to Diamond Engineering. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: February 23, 2006 at 11:30 a.m. FOR: Water Main District No. 452 DEPARTMENT: Utilities ESTIMATE: $88,000.00 FUND/ACCOUNT: 525 PUBLICATION DATE: February 6, 2006 NO. POTENTIAL BIDDERS: 5 SUMMARY Bidder: The Diamond Engineering Company General Excavating Grand Island, NE Lincoln, NE Bid Security: Universal Surety Company Universal Surety Company Exceptions: None None Bid Price: $61,786.84 $91,335.31 Bidder: Judds Bros. Construction Starostka Group Lincoln, NE Grand Island, NE Bid Security: Inland Insurance Company Merchants Bonding Company Exceptions: None None Bid Price: $87,226.96 $65,290.45 cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Tom Barnes, Utilities Eng. Manager Pat Gericke, Adm. Assist. Utilities Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P1063 Approved as to Form ¤ ___________ March 2, 2006 ¤ City Attorney R E S O L U T I O N 2006-73 WHEREAS, the City of Grand Island invited sealed bids for Water Main District No. 452, according to plans and specifications on file with the Utility Engineering Office at Phelps Control Center; and WHEREAS, on February 23, 2006, bids were received, opened and reviewed; and WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $61,786.84; and WHEREAS, The Diamond Engineering Company's bid is less than the estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Company of Grand Island, Nebraska, in the amount of $61,786.84 for Water Main District No. 452 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 7, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2006-74 - Approving Certificate of Final Completion and Setting BOE Meeting Date for Water Main District 449T - North Road and Faidley Avenue Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Meeting: March 7, 2006 Subject: Water Main District 449T – North Road and Faidley Avenue Item #’s: G-14 Presenter(s): Gary R. Mader, Utilities Director Background Water Main District 449T was created to extend a 24” diameter main north along North Road, from the Roger’s Pumping Station to Greenwood Drive and a 12” diameter water main east, within the Faidley Avenue extended right-of-way, from North Road to Claude Road extended. A map of the District is attached for reference. The Project is part of the Water Department’s master plan to provide City water service extension to developing areas in the west and northwest parts of the City, and to provide trunkline capacity for expanded capacities of the reservoir pumping station at North Road and Potash. Discussion All construction has been completed in accordance with City standards. The new trunk lines have been tested, placed in service, and incorporated into the City system. This trunkline construction was done as a connection district, which has been the department’s standard method for completing needed system expansions through undeveloped areas. The connection fees associated with the district would not be collected until the water main is actually “tapped” to provide direct service to an adjacent property when it develops. The total cost to construct Water Main District 449T was $349,454.36. The connection fee chargeable amount is $188,844.29. The chargeable amount for water service connections is based on current prices for the installation of an 8” main. The price difference between the chargeable amount and the actual construction cost is the Department’s cost for over-sizing above the standard 8” diameter pipe size. The connection fees are computed by taking the total chargeable amount ($188,844.29) and dividing it by the district’s frontage (5,856.32 lf) along North Road and Faidley Avenue. This arrives at a per front foot fee of $32.246239. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the Certificate of Final Completion for Water Main District 449T and set a date for the Board of Equalization 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council accept the Certificate of Final Completion and set April 11, 2006 as the date for the Board of Equalization to determine benefits and connection fees for the properties within the boundary of Water Main District 449T. Sample Motion Motion to approve the Certificate of Final Completion for Water Main District 449T, and set the date for the Board of Equalization to meet on April 11, 2006. Tract One (1) Part of the SW 1/4, Sec. 13, T-11-N, R-10-W 1,855.5 LF - $59,832.89 T & E Cattle Company, a Nebraska Corp. c/o Tom Baxter 4444 W 13th Street Grand Island, NE 68803 Commencing at the point 430.0 feet south of the northwest corner of the Southwest Quarter (SW 1/4) Section 13, t-11-N, R-10-W; thence easterly along the northerly right-of-way line of Faidley Avenue, a distance of 146.0 feet to the Actual Point Of Beginning; thence continuing easterly along the northerly right-of-way line of said Faidley Avenue, a distance of 956.80’ to a point of curvature; thence running northeasterly along the arc of a curve to the left whose radius is 960.0 feet, the long cord of which deflects 20°55’08” left from the last described course, a long cord distance of 685.53 feet, to a point of reverse curvature; thence running northeasterly along the arc of a curve to the right whose radius is 1,040.0 feet, the long cord of which deflects 11°18’35” left from the last described course, a long chord distance of 213.17 feet, to a point on the southerly right-of-way line of the Moores Creek Outfall Ditch; thence westerly along the southerly right-of-way line of said Moores Creek Outfall Ditch, a distance of 1,775.7 feet, to the easterly right-of-way line of said Moores Creek Outfall Ditch; thence southerly along easterly right-of-way line of said Moores Creek Outfall Ditch, a distance of 370.0 feet to the said point of beginning. Tract Two (2) Part of the SW 1/4, Sec. 13, T-11-N, R-10-W 4,000.82 LF - $129,011.40 T & E Cattle Company, a Nebraska Corp. c/o Tom Baxter 4444 W 13th Street Grand Island, NE 68803 Commencing at the northeast corner of the Southwest Quarter (SW 1/4) Section 13, T-11- N, R-10-W; thence westerly along the northerly of said Southwest Quarter (SW 1/4) a distance of 200.0 feet; thence southerly and parallel with the easterly line of said Southwest Quarter (SW 1/4), a distance of 60.0 feet to a point on the southerly right-of- way line of the Moorse Creek Outfall Ditch, being the Actual Point Of Beginning; thence continuing southerly along the last described course, a distance of 40.0 feet; thence westerly on a line that is parallel with and offset southerly one hundred (100.0) feet from the southerly right-of-way line of Faidley Avenue, a distance of two thousand three hundred thirteen and twenty five hundredths (2,313.25) feet, to a point two hundred forty six (246.0) feet easterly of the westerly line of the said Southwest Quarter (SW 1/4); thence southerly and parallel with the westerly line of said Southwest Quarter (SW 1/4), a distance of one thousand six hundred nine and thirty eight (1,609.38) feet, to a point four hundred thirty three (433.0) feet north of the southerly line of the said Southwest Quarter (SW 1/4); thence westerly and parallel with the southerly line of said Southwest Quarter (SW 1/4), a distance of 100.0 feet, to a point on the easterly right-of-way line of the Moorse Creek Outfall Ditch; thence northerly along the easterly right-of-way line of said Moorse Creek Outfall Ditch, a distance of 1,709.38 feet to a point of the southerly right-of- way line of said Faidley Avenue; thence easterly along the southerly right-of-way line of said Faidley Avenue, a distance of 955.48 feet to a point of curvature; thence running northeasterly along the arc of a curve to the left whose radius is 1,040.0 feet, the long cord of which deflects 20°55’08” left from the last described course, a long cord distance of 742.66 feet, to a point of reverse curvature; thence running northeasterly along the arc of a curve to the right whose radius is 960.0 feet, the long cord of which deflects 11°18’35” left from the last described course, a long chord distance of 357.7 feet, to a point on the southerly right-of-way line of said Moores Creek Outfall Ditch; thence easterly along the southerly right-of-way line of said Moores Creek Outfall Ditch, a distance of 335.6 feet to the said point of beginning. Approved as to Form ¤ ___________ March 2, 2006 ¤ City Attorney R E S O L U T I O N 2006-74 WHEREAS, the City Engineer and the Utilities Director of the City of Grand Island have issued a Certificate of Final Completion for Water Main District 449T along North Road and Faidley Avenue in Grand Island, Nebraska, certifying that Starostka Group Unlimited, Inc. of Grand Island, Nebraska, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the City Engineer and the Utilities Director recommend the acceptance of the final completion; and WHEREAS, the Mayor concurs with such recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The Certificate of Final Completion for Water Main District 449T is hereby confirmed and approved. 2. The City Council will sit as a Board of Equalization on April 11, 2006 to determine benefits and set connection fees for Water Main District 449T. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 7, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G15 #2006-75 - Approving Fiscal and Investment Policies for the City of Grand Island Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: Dave Springer City of Grand Island City Council Council Agenda Memo From: David Springer, Finance Director Meeting: March 7, 2006 Subject: Approving the Update of the City’s Fiscal Policies and Approving Investment Policies Item #’s: G-15 Presenter(s): David Springer, Finance Director Backgro und The fiscal policies for the City of Grand Island were last presented to Council in January of 1992 and approved by Resolution No.92-009. The City’s outside auditors have recommended that this policy be updated and submitted to Council for review and approval. They also recommended that an investment policy be formalized by Council. Discussion The goals and objectives as stated in the 1992 fiscal policy are still pertinent today and provided the basis for the update. There was an effort to condense language, expand the clarity, and bring the concepts up to date, while maintaining the policy substance. The intent here is for council to review the Fiscal and Investment Policies and approve as recommended or provide input to Administration to make changes as they may direct. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the Fiscal and Investment Policies. 2. Disapprove or deny the policies. 3. Modify the Resolution to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the policies. Sample Motion Approve the update of the City’s Fiscal Policies and the Investment Policies. Approved as to Form ¤ ___________ March 2, 2006 ¤ City Attorney R E S O L U T I O N 2006-75 WHEREAS, on January 27, 1992, by Resolution 92-009, the City Council of the City of Grand Island approved and adopted a Fiscal Policies Manual; and WHEREAS, the City's auditors have recommended that this policy be updated and that an investment policy be implemented as well; and WHEREAS, such policy manuals include the following topics: * General Financial Goals of the City * Accounting and Budget Policies * Purchasing Policies * Revenue and Investment Policies * Capital Improvement Policies * Debt Management Policies * Communication and Disclosure Policies * Code of Professional Ethics * Investment Parameters * Suitable and Authorized Investments WHEREAS, City administration recommends adoption of the proposed fiscal policies and investment policies. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Fiscal Policies Manual and the Investment Policy for the City of Grand Island is hereby approved and adopted; and that the city administration be responsible for implementation of the polices outlined therein. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 7, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G16 #2006-76 - Approving Business Continuity and Recovery Services Agreement with IBM Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: Dave Springer City of Grand Island City Council Council Agenda Memo From: David Springer, Finance Director Meeting: March 7, 2006 Subject: Approving Business Continuity and Recovery Services Agreement with IBM Item #’s: G-16 Presenter(s): David Springer, Finance Director Background The City’s IBM AS400 computer system on which resides the Utilities Department’s customer base and billing software, has routinely been backed up for disaster recovery purposes by a business recovery contract with IBM. Discussion The current contract with IBM at $309 per month is expiring. A new three year contract with IBM at $282 per month is proposed to provide business continuity and recovery services. Sufficient funds have been budgeted for this contract within the Information Technology operating budget. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the three year contract with IBM. 2. Disapprove or deny the contract. 3. Modify the Resolution to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the contract with IBM. Sample Motion Approve the three year Agreement for Business Continuity and Recovery Services with IBM. Approved as to Form ¤ ___________ March 2, 2006 ¤ City Attorney R E S O L U T I O N 2006-76 WHEREAS, the City of Grand Island has an IBM AS400 computer system which contains the Utility Department's customer base and billing software; and WHEREAS, such computer system is routinely backed up for disaster recovery purposes by a business recovery contract with IBM; and WHEREAS, such contract is scheduled to expire soon; and WHEREAS, a new contract has been negotiated with IBM to continue providing such business recovery services at a lower monthly rate; and WHEREAS, the City Attorney's office has reviewed and approved the proposed agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the three-year contract with IBM to provide business continuity and recovery services for the City's AS400 computer system is hereby approved; and the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 7, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G17 #2006-77 - Approving Interlocal Agreement with Kearney, Nebraska for Cable Consultant Services Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: Doug Walker City of Grand Island City Council Council Agenda Memo From: Dale M. Shotkoski, Assistant City Attorney David Springer, Finance Director Meeting: March 7, 2006 Subject: Interlocal Agreement with the City of Kearney; Contract Award for Consulting Services for Cable Television Franchise Review Item #’s: G-17 & G-18 Presenter(s): David Springer, Finance Director Background The City of Grand Island currently has in place a franchise agreement for cable television services. The franchise is set to expire in 2007. Federal regulations allow for the review and renewal process of a cable television franchise agreement. The City of Kearney, Nebraska, also has a cable television franchise, which is also set to expire within the near future. Officials from the City of Grand Island and the City of Kearney have discussed and found that it would be beneficial to both communities to jointly agree to contract with a consultant to assist with the cable television franchise review and have proposed an interlocal agreement for the two cities to jointly work on a cable franchise review process. Proposals were sought from consultants to assist with the cable franchise review process. A Mayor’s Advisory Committee was appointed to assist with the cable franchise review process. Discussion A Request for Proposal was prepared and proposals were sought. Three proposals were received and all three proposals were researched and found to be from credible consultants. The Mayor’s Advisory Committee reviewed the proposals with staff assistance and it is the recommendation of the Mayor’s Advisory Committee and staff that Moss & Barnett of Minneapolis, Minnesota, be awarded the contract for services. The City of Kearney, wishes to enter into an interlocal agreement to assist in the cost share of the consultant services. The consultant services proposed total is $87,500. Based upon the level of services to be provided, the fees will be billed at the hourly rates set out in the proposal and costs specific to the City of Grand Island will be invoiced to the City of Grand Island and costs specific to the City of Kearney will be invoiced to the City of Kearney. Joint costs will be split between the City of Kearney and the City of Grand Island so that the City of Grand Island will pay for 60% of joint costs and the City of Kearney will pay 40%. The percentages were arrived at by taking the current subscriber numbers for each community and assigning the appropriate percentages to each. Funds are available for the services in the 2005/2006 budget. Alternatives It appears the Council has the following alternatives concerning the issue at hand: 1. The Council may move to approve the Interlocal Agreement and the consulting services contract. 2. Refer the issue to a committee. 3. Postpone the issue to a future date. 4. Take no action at this time on the issue. Recommendation City administration recommends that the council approve the interlocal agreement with the City of Kearney to share the cost of services of the cable franchise review consultant and that council approve the contract with the Moss & Barnett to provide their consultant services in the amount of $87,500, which amount may be increased or decreased based upon the hourly billing rates for services provided as outlined in the scope of work/fees and costs submitted by Brian Grogan of Moss & Barnett. Sample Motion Motion to approve the interlocal agreement with the City of Kearney to share the cost and services of the cable franchise review consultant. Motion to approve the contract of Moss & Barnett for cable consulting services which contains the hourly rate to be charged for said services. INTERLOCAL AGREEMENT BETWEEN THE CITY OF GRAND ISLAND, NEBRASKA AND THE CITY OF KEARNEY, NEBRASKA FOR JOINT SERVICES OF CONSULTANT FOR CABLE FRANCHISE RENEWAL This agreement is made and entered into this ______ day of ________________, 2006, by and between the CITY OF GRAND ISLAND, NEBRASKA, and the CITY OF KEARNEY, NEBRASKA, being bodies politic and corporate and political subdivisions of the State of Nebraska, hereinafter referred to as “parties” and individually as a “party”. WITNESSETH: WHEREAS, local television cable services are a regulated service provided by local governments to the residents of each of the parties; and, WHEREAS, the cable service franchisee for each of the parties is currently Charter Communications; and, WHEREAS, the franchises of each of the respective parties is set to renew in 2007, thus necessitating the need for each party to review and evaluate its cable needs and franchise agreements; and, WHEREAS, Neb. Rev. Stat., §13-801 provides that any one or more public agency may contract with any one or more public agencies to perform in a governmental service, activity or other undertaking which each public agency entering into the contract is authorized by law to perform; and, WHEREAS, the cities of Grand Island and Kearney are public agencies as defined in Neb. Rev. Stat., §13-801; and, WHEREAS, both parties, being municipalities, are authorized and empowered to have cable franchise agreements to provide for cable television services for its citizens; and, WHEREAS, the parties agree to continue to provide for regulated cable television services for its citizens and to work together to provide for expert consultant services for the technical review of each of the respective parties cable franchises. NOW, THEREFORE, the parties mutually covenant and agree as follows: 2 1. PURPOSE. The purpose of this agreement shall be to establish a joint agreement with Brian T. Grogan , attorney at law, of the firm of Moss & Barnett, of Minneapolis, Minnesota to share his expertise and knowledge, to assist each of the respective parties in the review and assessment of needs and negotiations for the renewal of each of the parties’ respective cable franchises. 2. EXERCISE OF GOVERNMENTAL FUNCTIONS. It is understood and agreed by the parties that this agreement provides for the joint use of the services of Brian T. Grogan to assist each in the cable franchise renewal process, but, does not establish a separate legal entity to do so, nor does this agreement establish an employee of any party as an agent of any other party for any purpose whatsoever. This agreement shall provide only for the sharing of the consultant services and costs by the parties towards the renewal of the respective parties’ cable television franchises. 3. TERM. This agreement shall remain in effect until each of the respective parties’ cable television franchises have been renewed, with the renewal of each set to be in the year 2007, however, if negotiations extend, said agreement shall continue until each of the respective parties’ franchise renewals have been completed. 4. TERMINATION. This agreement may be terminated at any time, with or without cause, upon thirty (30) days prior written notice given to the non-terminating party by the terminating party. 5. GOVERNMENT. The activities of this cooperative undertaking shall be governed by the City Administrator for the City of Grand Island and the City Manager for the City of Kearney. 6. COOPERATIVE POWERS AND AUTHORITY. The parties agree, subject to the limitations herein set forth, to aid and assist the other, by cooperatively working with Brian T. Grogan and any people working under his direction to assist in the steps necessary for the successful cable television franchise renewals. The anticipated services to be provided by the consultant may include, but are not limited to, a consultant meeting with city staff to develop a work plan and negotiation strategy. The review of each of the city’s existing cable franchise documents and analysis of the degree to which Charter Communication complies with the franchise requirements for each shall be performed. The consultant shall also develop and implement a survey to obtain input from all demographic and geographic stake holders within each of their respective cities to this agreement. The consultant shall further complete a community needs assessment. The consultant shall conduct a review of the financial history and financial qualifications of Charter Communications, including a review of the company’s financial projections, and a review of the past franchise fees paid by the company to each of the respective cities. The consultant shall consult with city staff to prioritize items for inclusion in a new franchise agreement and assist in drafting new versions of each of the cities’ franchise documents as required. Assistance shall be provided by the consultant to counsel each of the cities during informal and/or formal franchise renewal negotiations with Charter Communications. It is anticipated that the total consultant fees for the services to be performed for the cities shall not exceed $87,500. It is furthermore anticipated that for specialized services 3 to be performed for one or the other respective parties, that can be clearly identified as being specific to one or the other parties, said fees shall be identified in the billing and paid by such party. All other fees for joint services shall be divided between the parties to this agreement based upon the same ratio as cable customers that are currently subscribing for each of their respective cities. The current number of cable subscribers for the City of Grand Island is 10,000 and the current number of cable subscribers for the City of Kearney is 7,000. Joint costs shall thus be shared by the parties with the City of Grand Island responsible for 60% and the City of Kearney responsible for 40%. 7. MODIFICATION. This agreement may be modified by written agreement of the parties. 8. NO SEPARATE ENTITY. This agreement provides for the joint use of consultant services by the parties as provided herein, but does not establish a separate legal entity to do so, nor does this agreement establish any employee of either party as an agent or employee of the other party for any purpose whatsoever. This agreement shall provide only for the sharing of consultant services and costs by the parties toward the establishment of cable franchises for each of the said parties. 9. PROPERTY. It is not anticipated that any property shall be acquired by either party by entering into this agreement. 10. FINANCES. This agreement shall be financed by funds made available by the parties hereto. 11. PROVISION OF ASSISTANCE. Pursuant to the Interlocal Cooperation Act, any party to this agreement, and at the parties’ sole discretion, may appropriate funds and/or provide assistance, including personnel and services, as may be within the parties legal power to furnish. 12. ADDITIONAL AGREEMENTS. It is understood and agreed by the parties that if any party, term or provision of this agreement is held by a court of competent jurisdiction to be illegal or in conflict with any laws of the State of Nebraska, the validity of the remaining portions or provisions shall not be effected and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain a particular part, term or provision held to be invalid. It is further agreed that: a. It is expressly understood and agreed that the enforcement of the terms and conditions of this agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the named parties hereto, and nothing contained in this agreement shall give or allow any such claim or right of action by any third person not expressly a party to this agreement. It is the intention of the parties that any person other than the named parties receiving services or benefits under this agreement shall be deemed to be an incidental beneficiary only; 4 b. This agreement shall become effective for each party when that party by ordinance, motion or resolution adopts and approves this agreement and authorizes the proper official to execute this agreement; and, c. Each party agrees not to allow any other person or entity to join in this agreement except with approval by the other party. EXECUTED this ______ day of __________________, 2006. Attest: CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation, ________________________________ By:___________________________________ RaNae Edwards, City Clerk Jay Vavricek, Mayor Approved as to Form: ________________________________ City Attorney EXECUTED this ______ day of __________________, 2006. Attest: CITY OF KEARNEY, NEBRASKA, A Municipal Corporation, ________________________________ By:___________________________________ City Clerk Mayor Approved as to Form: ________________________________ City Attorney Approved as to Form ¤ ___________ March 2, 2006 ¤ City Attorney R E S O L U T I O N 2006-77 WHEREAS, the City of Grand Island has a franchise agreement for cable television services which is set to expire in 2007; and WHEREAS, federal regulations allow for the review and renewal process of a cable television franchise agreement; and WHEREAS, the City of Kearney also has a cable franchise agreement which is set to expire in the near future; and WHEREAS, it is suggested that both communities work together to contract with a consultant to assist with the cable television franchise review process for their respective communities; and WHEREAS, an Interlocal Agreement has been prepared setting out the cost to each community for such cable franchise review consultant; and WHEREAS, the City Attorney's office has reviewed and approved the proposed Interlocal Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Interlocal Agreement between the City of Grand Island and the City of Kearney for joint services of consultant for cable franchise renewal is hereby approved; and the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 7, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G18 #2006-78 - Approving Contract for Cable Consultant Services This item relates to Consent Item G-17. Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: Dave Springer City of Grand Island City Council Approved as to Form ¤ ___________ March 2, 2006 ¤ City Attorney R E S O L U T I O N 2006-78 WHEREAS, the City of Grand Island invited proposals for Cable Television Franchise Review and Consulting Services in accordance with a Request for Proposal on file with the City Attorney's Office; and WHEREAS, proposals were due on July 28 2005; and WHEREAS, three proposals were received, reviewed and evaluated in accordance with established criteria; and WHEREAS, Moss & Barnett of Minneapolis, Minnesota, submitted a proposal in accordance with the terms of the request for proposals and all statutory requirements contained therein and the City Procurement Code, such proposal being for actual costs not to exceed $87,500; and WHEREAS, the City of Kearney is working with the City of Grand Island to conduct its own cable franchise review; and WHEREAS, the consulting services proposed by Moss & Barnett would benefit both communities; and WHEREAS, each community will be responsible for the costs associated with the consulting services attributable to its community as more specifically identified in an Interlocal Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Moss & Barnett of Minneapolis, Minnesota, for cable television franchise review and consulting services for actual costs not to exceed $87,500 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute an agreement for such services on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 7, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G19 #2006-79 - Approving Bid Award for Logging Recorder Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: Lela Lowry City of Grand Island City Council Council Agenda Memo From: Lela L. Lowry, Emergency Management/911 Director Meeting: March 7, 2006 Subject: Approve bid award for Logging Recorder. Item #’s: G-19 Presenter(s): Lela L. Lowry, EM/911 Director Background The current logging recorder in the 911 center operates at an average of 50%. The logging recorder is used to record information from 911 calls and radio dispatch. Information from these recordings are periodically used for court for both the city and the county. Discussion Bid information was sent to 6 vendors with response from two local vendors; Midland Telecom and Platte Valley Communications. Each of these vendors had exceptions towards the bid specifications. After careful review of specifications , Emergency Management has selected Midland Telecom as the vendor for the purchase of the Logging Recorder. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the bid award of the logging recorder 2. Not approve the bid award of the logging recorder 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the bid award for the logging recorder. Sample Motion Motion to approve the bid award for the purchase of the logging recorder in the 911 center to Midland Telecom of Grand Island, Nebraska in the amount of $26,995.00. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: February 24, 2006 at 11:00 a.m. FOR: Logging Recorder DEPARTMENT: Emergency Management ESTIMATE: $35,000.00 FUND/ACCOUNT: 215 PUBLICATION DATE: February 17, 2006 NO. POTENTIAL BIDDERS: 5 SUMMARY Bidder: Midland Telecom, Inc. Platte Valley Communications, Inc. Grand Island, NE Grand Island, NE Bid Security: $1,350.00 Nationwide Mutual Insurance Co. Exceptions: Noted Noted Bid Price: $26,995.00 $33,660.00 cc: Lela Lowry, Emergency Management Director Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P1074 Approved as to Form ¤ ___________ March 2, 2006 ¤ City Attorney R E S O L U T I O N 2006-79 WHEREAS, the City of Grand Island invited sealed bids for one (1) Digital Voice Logging Recorder System for the Emergency Management Department – 911 Division, according to plans and specifications on file with the Emergency Management Department / Communications Division; and WHEREAS, on February 24, 2006, bids were received, opened and reviewed; and WHEREAS, Midland Telecom, Inc. of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $26,995.00; and WHEREAS, Midland Telecom, Inc.'s bid is less than the estimate for such equipment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Midland Telecom, Inc. of Grand Island, Nebraska, in the amount of $26,995.00 for one digital voice logging recorder system is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 7, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G20 #2006-87 - Approving Termination of SWAT Interlocal Agreement with Hall County Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: Steve Lamken City of Grand Island City Council Council Agenda Memo From: Steven Lamken, Police Chief Meeting: March 7, 2006 Subject: SWAT Team Interlocal Agreement Item #’s: G-20 Presenter(s): Steven Lamken, Police Chief Background The City entered into an Interlocal Agreement with Hall County to form a joint Special Weapons and Tactics Team in March of 2004. The concept was to have officers from both agencies serving on the joint team. The team would respond to incidents in both the City and County as needed. Since inception, the Team has trained and prepared to function as a full service SWAT Team; however, has never been deployed as a fully operational team. Concerns have been voiced by the Council and others that this is a duplication of services with the Nebraska State Patrol SWAT Team in the Troop C area. There have been additional concerns relevant to the costs of training and equipping the team to become a fully operational SWAT team. Discussion The Police Department management team is recommending that the City Council resolve to dissolve the Interlocal SWAT Team agreement with Hall County. We further recommend that the Grand Island Police Department be permitted to reorganize the structure of the existing team to the limited scope of warrant service and perimeter security. The recommendation to dissolve the Interlocal agreement is based upon: · The long term direction of the role and services of the team have not been in accordance with the direction of the City Council. · The long term direction of the role and services of the team were not in agreement with the Hall County Sheriff. This has led to a reduction in involvement of the HCSO in the team. · The Nebraska State Patrol has a full service SWAT team in Troop C which has been responsive to requests for service from the Grand Island Police Department. · The training being received by the Interlocal team has been directed more towards a full service SWAT team and not just a warrant service team. · The command and control of the Interlocal SWAT team has been held jointly under two supervisor/coordinators who are members of the team. The level of command and control exercised independently over the team by the Chief of Police and or the Hall County Sheriff is not clearly defined. The management team recommendation to reorganize the structure of the team and create a Police Department warrant service team is based upon: · The Grand Island Police Department is frequently called upon to serve arrest and search warrants that have an elevated level of risk to the safety of officers. · The Grand Island Police Department is called upon to handle calls for service where a despondent person is barricaded in a building. The person will not initiate contact for help and the department is responsible to secure the perimeter around the building and ne gotiate with the person. · The Nebraska State Patrol has specific protocols for the activation of their SWAT teams. · The Nebraska State Patrol protocols limits when they will respond to warrant service calls and or barricaded suspects. · The safe execution of building entry warrants and the securing of perimeters requires specialized training. The use of police officers who have not received specialized training to perform such services increases the risk of harm to themselves and others. · A unit with specialized training in the limited areas of warrant service and perimeter security can provide improved safety for officers of the department as well as the people of the City. The reorganized warrant service unit will be under the direct command of the Chief of Police and his designated commander. The Chief of Police will ensure the strategies, training, supervision and deployment of the unit fall within the limited scope of services recommended. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the termination of the Interlocal Agreement with Hall County and restructure the program into a warrant service team. Sample Motion Motion to approve the termination of the Interlocal Agreement with Hall County and restructure the program into a warrant service team. Approved as to Form ¤ ___________ March 2, 2006 ¤ City Attorney R E S O L U T I O N 2006-87 WHEREAS, the City of Grand Island (City) entered into a "Interlocal Agreement By and Between the County of Hall and the City of Grand Island for Joint Special Weapons and Tactics Team," with the County of Hall (County) dated March 9, 2004; and WHEREAS, the term of this agreement is for five years with renewals for successive one year periods; and WHEREAS, the agreement permits the City or the County to terminate the agreement upon thirty days prior written notice; and WHEREAS, the Nebraska State Patrol has a full service SWAT team located in the City which is available to assist law enforcement as needed; and WHEREAS, the City's Police Department is seeking to avoid duplication of services and reallocate personnel in a more effective manner; and WHEREAS, the City Police Department is recommending that it would be in the best interest of the Police Department to terminate the interlocal agreement for a SWAT team with Hall County. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the "Interlocal Agreement By and Between the County of Hall and the City of Grand Island for Joint Special Weapons and Tactics Team" dated March 9, 2004, shall be terminated and the Mayor is authorized to sign a thirty day notice which shall be given to the County of such termination pursuant to paragraph "4" of the agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 7, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G21 #2006-88 - Approving the State Bid Contract for System Furniture at the Public Safety Facility Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: Steve Lamken City of Grand Island City Council Council Agenda Memo From: Steven Lamken, Police Chief Meeting: March 7, 2006 Subject: Systems Furnishings for New Law Enforcement Center Item #’s: G-21 Presenter(s): Steven Lamken, Police Chief Background The Police Department and Sheriff’s Office will require furnishings for the new law enforcement center. Most of the current furnishings in the Public Safety Center are worn out, or of low quality. The current plan is to use systems furnishings for many of the work areas of the new center. Discussion The Police Department requests to use the State of Nebraska contract 10628(OC)REN(13) for systems furnishings with Surroundings, LLC of Lincoln, Nebraska. The State bid product (Knoll Furniture) is of good quality and heavily discounted in pricing. The Police Department lacks the expertise to develop specification to bid systems furnishings. The Police Department and Sheriff’s Office will have the ability to work directly with the State bid vendor’s systems designers to identify products and design work stations. The Police Department plans to bid all other office furnishings, tables, and chairs on a competitive basis. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the use of the State of Nebraska contract for systems furnishings. Sample Motion Motion to approve the use of the State of Nebraska contract 10628(OC)REN(13) for systems furnishings with Surroundings, LLC of Lincoln, Nebraska. Approved as to Form ¤ ___________ March 2, 2006 ¤ City Attorney R E S O L U T I O N 2006-88 WHEREAS, the Police Department is progressing with the construction of the new public safety center, and in particular the system furniture to be used in the building; and WHEREAS, such furniture can be obtained from the State contract holder; and WHEREAS, purchasing the furniture from the State contract holder meets all statutory bidding requirements; and WHEREAS, purchasing the furniture in this manner also allows the department to use the services of the state bid vendor's systems designers to identify products and to design work stations which is an area that the department lacks expertise in developing specifications for a formal bid process; and WHEREAS, the exact amount to be expended for such systems furniture is not known at this time, and will not be known until the construction is nearing completion. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Police Department is hereby authorized to pursue the purchase of system furniture for the new public safety center from the State contract holder, Surroundings, LLC of Lincoln, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 7, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I1 #2006-80 - Approving Request of Casey's Retail Company dba Casey's General Store #2707, 806 N. Eddy Street for a Class "D" Liquor License This item relates to the aforementioned Public Hearing Item E-1. Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ March 2, 2006 ¤ City Attorney R E S O L U T I O N 2006-80 WHEREAS, an application was filed by Casey's Retail Company, doing business as Casey's General Store #2707 at 806 N. Eddy Street for a Class "D" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on February 25, 2006; such publication cost being $6.24; and WHEREAS, a public hearing was held on March 7, 2006, for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ _________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons: ________________________ _________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 7, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2006-81 - Approving Request of Casey's Retail Company dba Casey's General Store #2727, 1219 West 2nd Street for a Class "B" Liquor License This item relates to the aforementioned Public Hearing E-2. Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ March 2, 2006 ¤ City Attorney R E S O L U T I O N 2006-81 WHEREAS, an application was filed by Casey's Retail Company, doing business as Casey's General Store #2727 at 1219 W. 2nd Street for a Class "B" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on February 25, 2006; such publication cost being $6.24; and WHEREAS, a public hearing was held on March 7, 2006, for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ _________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons: ________________________ _________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 7, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I3 #2006-82 - Approving Request of Casey's Retail Company dba Casey's General Store #2732, 4150 West U.S. Highway 30 for a Class "B" Liquor License This item relates to the aforementioned Public Hearing Item E-3. Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ March 2, 2006 ¤ City Attorney R E S O L U T I O N 2006-82 WHEREAS, an application was filed by Casey's Retail Company, doing business as Casey's General Store #2732 at 4150 W. U. S. Highway 30 for a Class "B" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on February 25, 2006; such publication cost being $6.24; and WHEREAS, a public hearing was held on March 7, 2006, for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ _________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons: ________________________ _________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 7, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I4 #2006-83 - Approving Request of Casey's Retail Company dba Casey's General Store #2737, 1814 N. Eddy Street for a Class "D" Liquor License This item relates to the aforementioned Public Hearing Item E-4. Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ March 2, 2006 ¤ City Attorney R E S O L U T I O N 2006-83 WHEREAS, an application was filed by Casey's Retail Company, doing business as Casey's General Store #2737 at 1817 N. Eddy Street for a Class "D" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on February 25, 2006; such publication cost being $6.24; and WHEREAS, a public hearing was held on March 7, 2006, for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ _________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons: ________________________ _________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 7, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I5 #2006-84 - Approving Request of Casey's Retail Company dba Casey's General Store #2742, 2223 South Locust Street for a Class "B" Liquor License This item relates to the aforementioned Public Hearing item E-5. Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ March 2, 2006 ¤ City Attorney R E S O L U T I O N 2006-84 WHEREAS, an application was filed by Casey's Retail Company, doing business as Casey's General Store #2742 at 2223 S. Locust Street for a Class "B" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on February 25, 2006; such publication cost being $6.24; and WHEREAS, a public hearing was held on March 7, 2006, for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ _________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons: ________________________ _________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 7, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I6 #2006-85 - Approving Request of Perez, Inc. dba Tucanaso, 410 East 4th Street for a Class "C" Liquor License This item relates to the aforementioned Public Hearing Item E-6. Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ March 2, 2006 ¤ City Attorney R E S O L U T I O N 2006-85 WHEREAS, an application was filed by Perez, Inc., doing business as Tucanaso at 410 East 4th Street for a Class "C" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on February 25, 2006; such publication cost being $12.73; and WHEREAS, a public hearing was held on March 7, 2006, for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ _________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons: ________________________ _________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 7, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I7 #2006-86 - Approving Request of Sarah R. Tjaden dba The Roadhouse Garage, 2710-B Diers Avenue for a Class "C" Liquor License This item relates to the aforementioned Public Hearing Item E-7. Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ March 2, 2006 ¤ City Attorney R E S O L U T I O N 2006-86 WHEREAS, an application was filed by Sarah R. Tjaden, doing business as The Roadhouse Garage at 2710-B Diers Avenue for a Class "C" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on February 25, 2006; such publication cost being $14.03; and WHEREAS, a public hearing was held on March 7, 2006, for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ _________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons: ________________________ _________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 7, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of February 29, 2006 through March 7, 2006 The Claims for the period of February 29, 2006 through March 7, 2006 for a total amount of $1,048,152.35. A MOTION is in order. Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item J2 Approving Payment of Claims for the Library Expansion for the Period of February 29, 2006 through March 7, 2006 The Claims for the Library Expansion for the period of February 15, 2006 through March 7, 2006 for the following requisitions. #21 $92,844.07 #22 $ 504.00 A MOTION is in order. Tuesday, March 07, 2006 Special/Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council